U.S. v. SMITH, 09-cr-00187-REB. (2012)
Court: District Court, D. Colorado
Number: infdco20120203786
Visitors: 15
Filed: Feb. 02, 2012
Latest Update: Feb. 02, 2012
Summary: ORDER ROBERT E. BLACKBUN, District Judge. The matter before me is defendant's Letter [#54] 1 filed February 1, 2012. Defendant complains about how the Bureau of Prisons is calculating his sentence. I construe the document as a motion requesting relief in the nature of habeas corpus, implicating particularly 28 U.S.C. 2241. See United States v. Eccleston , 521 F.3d 1249 , 1253 (10 th Cir.), cert. denied , 129 S.Ct. 430 (2008). A motion requesting relief under section 2241 must b
Summary: ORDER ROBERT E. BLACKBUN, District Judge. The matter before me is defendant's Letter [#54] 1 filed February 1, 2012. Defendant complains about how the Bureau of Prisons is calculating his sentence. I construe the document as a motion requesting relief in the nature of habeas corpus, implicating particularly 28 U.S.C. 2241. See United States v. Eccleston , 521 F.3d 1249 , 1253 (10 th Cir.), cert. denied , 129 S.Ct. 430 (2008). A motion requesting relief under section 2241 must be..
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ORDER
ROBERT E. BLACKBUN, District Judge.
The matter before me is defendant's Letter [#54]1 filed February 1, 2012. Defendant complains about how the Bureau of Prisons is calculating his sentence. I construe the document as a motion requesting relief in the nature of habeas corpus, implicating particularly 28 U.S.C. § 2241. See United States v. Eccleston, 521 F.3d 1249, 1253 (10th Cir.), cert. denied, 129 S.Ct. 430 (2008).
A motion requesting relief under section 2241 must be filed on an appropriate form and satisfy the requirements detailed in the "Information and Instructions for Filing an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241" in effect in this district.2 See D.C.COLO.LCivR. 8.1A ("A pro se party shall use the forms established by this court to file an action."); Georgacarakos v. Watts, 368 Fed. Appx. 917, 918-19 (10th Cir. 2010). If defendant wishes to seek such relief from the court, he must comply with these requirements. Accordingly, his request for relief will be denied without prejudice
THEREFORE, IT IS ORDERED that the relief requested in defendant's Letter [#54] filed February 1, 2012, is DENIED WITHOUT PREJUDICE.
FootNotes
1. [#54]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
2. Templates of the proper form for filing a section 2241 action and the instructions for filing are available at the court's website at: http://www.cod.uscourts.gov/Forms.aspx.
Source: Leagle
