Powell v. USA

Filing 2

ORDER DISMISSING CASE w/o prej. Signed by Judge Lacy Thornburg on 5/23/07. (bsw)

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Powell v. USA Doc. 2 Case 3:07-cv-00210-LHT Document 2 Filed 05/23/2007 Page 1 of 2 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL NO. 3:07CV210 (3:01CR90) JULIA POWELL, Petitioner, V s. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ) ORDER OF DISMISSAL THIS MATTER is before the Court on Petitioner's motion to defer restitution payments. Pursuant to recent Fourth Circuit decisions, the Petitioner's motion shall be construed as a habeas corpus petition under 28 U.S.C. 2241. See Hudson v. United States, 2007 WL 901591 (4th Cir. 2007); Gripper v. United States, 2007 WL 1115953 (4th Cir. 2007). Construed as such, it is incumbent on this Court to make a determination whether to transfer the action to the district court of Petitioner's confinement or dismiss the action without prejudice to the Petitioner to refile same in the appropriate district court. Id. The Court, therefore, finds that the interests of justice would Dockets.Justia.com Case 3:07-cv-00210-LHT Document 2 Filed 05/23/2007 Page 2 of 2 2 best be served by dismissing this action without prejudice and permitting the Petitioner to refile same in the appropriate district court. IT IS, THEREFORE, ORDERED that this action is hereby DISMISSED WITHOUT PREJUDICE. Signed: May 23, 2007

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