Chisholm v. Braun

Filing 3

ORDER to administratively close case. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Rodney Ray Chisholm,
Petitioner,
vs.
Colby Braun,
Respondent.

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ORDER

Case Nos. 1:16-cv-077 and 1:16-cv-083

On April 14, 2016, petitioner, Rodney Ray Chisholm, filed a petition for habeas corpus relief
in Case No. 1:16-cv-077. On April 21, 2016, he submitted what the court construes as an amended
habeas petition. Regrettably it was not filed as such in Case No. 1:16-cv-077. Rather, it was
mistakenly assigned to/filed in Case No. 1:16-cv-083.
The Clerk’s office shall: (1) administratively close Case No. 1:16-cv-083; (2) return to
Chisholm the filing fee he paid in Case No. 1:16-cv-083; (3) file in Case No. 1:16-cv-077 what the
court has construed as an amended habeas petition; and (4) serve respondent with a copy of the
amended petition. Respondent shall file an answer within thirty (30) days of service of the petition.
If Respondent intends to assert untimeliness of the petition as a defense, it should file a motion to
dismiss along with any supporting documentation limited to this issue within forty-five (45) days
of service of the amended petition.
IT IS SO ORDERED.
Dated this 22nd day of April, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court