Embrey v. Warren et al

Filing 22

ORDER by Magistrate Judge Charles S. Miller, Jr. granting the motion at docket no. 19 . The Clerk's office shall file plaintiff's "Petition Moving the Court for Consent and for Acknowledgment that it will Accept Transfer of Jurisdiction over Petitioners Supervised Release from the District Court for the Western District of Missouri" as a separate matter. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
William J.R. Embrey,
Plaintiff,
vs.
Wade H. Warren, Chief U.S. Probation
Officer, et. al.,
Defendants.

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ORDER

Case No. 3:17-cv-033

Plaintiff commenced the above action on February 13, 2017, by submitting a complaint and
seeking leave to proceed in forma pauperis. As of this date, plaintiff’s complaint has not been
screened as required by 18 U.S.C. § 1915A.
Sometime after the filing of the complaint, plaintiff submitted a separate pleading entitled
“Petition Moving the Court for Consent and for Acknowledgment that it will Accept Transfer of
Jurisdiction over Petitioner’s Supervised Release from the District Court for the Western District
of Missouri” (“Petition”). This pleading was filed as a motion in this action at Docket No. 12.
Later, plaintiff filed a “Motion Requesting the Court Clerk and or the Court to file the Above
Caption Case as an Independent Case.” (Docket No. 19). In that motion, Embrey states that he
intended the Petition filed at Docket No. 12 to be a separate matter. Upon review, the court agrees
the Petition should be treated separately from this action.
Consequently, plaintiff’s motion at Docket No. 19 is GRANTED. The clerk is directed to
file the “Petition Moving the Court for Consent and for Acknowledgment that it will Accept
Transfer of Jurisdiction over Petitioner’s Supervised Release from the District Court for the Western
District of Missouri” at Docket No. 12, along with the attachments, as a separate matter to be
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considered by Chief Judge Hovland.
IT IS SO ORDERED.
Dated this 15th day of May, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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