Aderhold v. USA

Filing 2

MEMORANDUM DECISION transferring case to the Tenth Circuit Court of Appeals. Signed by Judge Ted Stewart on 01/03/2008. (asp)

Aderhold v. USA

Doc. 2

Case 2:07-cv-01005-TS

Document 2

Filed 01/04/2008

Page 1 of 2

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

BRIAN WILLIAM ADERHOLD, Petitioner, MEMORANDUM DECISION AND ORDER TRANSFERRING CASE

vs.

UNITED STATES OF AMERICA, Respondent.

Civil Case No. 2:07-CV-1005 TS Criminal Case No. 2:05-CR-544 PGC

For the reasons stated in Petitioner's previous cases,1 the Court finds this to be a successive motion under 28 U.S.C. § 2255. As Petitioner has not met the requirements to file a successive motion under § 2255, the Court will transfer the Petition to the Tenth Circuit Court of Appeals pursuant to 28 U.S.C. § 1631.2

Docket No. 6 in Civil Case No. 2:07-CV-789 TS; Docket No. 2 in Civil Case No. 2:07CV-900 TS.
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1

See Coleman v. United States, 106 F.3d 339, 341 (10th Cir. 1997). 1

Dockets.Justia.com

Case 2:07-cv-01005-TS

Document 2

Filed 01/04/2008

Page 2 of 2

It is therefore ORDERED that Petitioner's Writ of Habeas Corpus (Docket No. 1 in Civil Case No. 2:07-CV-1005 TS) is transferred to the Tenth Circuit Court of Appeals for authorization. The Clerk of the Court is directed to transfer this matter to the Tenth Circuit Court of Appeals. The clerk of the court is directed to close this case forthwith. DATED this 3rd day of January, 2008. BY THE COURT: ___________________________________ TED STEWART United States District Judge

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