Opinion
Nos. 02: 03cr239, 02: 05cv1395.
October 6, 2005
ORDER OF COURT
On October 5, 2005, Petitioner John Cangelier filed a MOTION TO VACATE, SET ASIDE, OR CORRECT A SENTENCE BY A PERSON IN FEDERAL CUSTODY (MOTION UNDER 28 U.S.C. § 2255). Upon review of the Motion, the Court notes that Petitioner has incorrectly captioned this matter under 28 U.S.C. § 2255 by improperly naming Joseph Smith, Warden, U.S.P. Lewisburg, as the Respondent.
AND NOW this 6th day of October, 2005, in accordance with Rule 2(c) of the Rules Governing Section 2255 Proceedings for the United States District Court, it is hereby ORDERED that the caption of this action is amended and shall hereafter read as follows:
UNITED STATES OF AMERICA, ) ) v. ) 02: 03cr239 JOHN CANGELIER, ) 02: 05cv1395 Movant. )
It is also ORDERED that Joseph Smith, Warden, U.S.P. Lewisburg, is hereby dismissed as the Respondent in this matter forthwith.
Furthermore, it is ORDERED that the government shall file a response to said Motion to Vacate, Set Aside, or Correct a Sentence By A Person In Federal Custody (Motion Under 28 U.S.C. § 2255) on or before November 7, 2005.