Opinion
Civil Action No. 12-cv-02247-BNB
08-27-2012
DAMIAN TURNER, Applicant, v. JAMES CROSS, Warden, Respondent.
ORDER CLOSING ACTION
Applicant Damian Turner currently is incarcerated at the Federal Correctional Institution in Greenville, Illinois. Originally, he filed a 28 U.S.C. § 2241 action challenging the constitutionality of his confinement in the United States District Court for the Southern District of Illinois (Southern District of Illinois). He argues that pursuant to Dorsey v. United States, 132 S. Ct. 2321 (2012), he is entitled to resentencing under the five-year mandatory minimum guidelines of the 2010 Fair Sentencing Act. The Southern District of Illinois found that it lacked jurisdiction to resentence Mr. Turner and ordered the action transferred to the sentencing court, the United States District Court for the District of Colorado, Case No. 07-cr-00172-CMA-23.
Inadvertently, the instant action was opened. The order of transfer and other documents should be entered in Case No. 07-cr-00172-CMA-23. Accordingly, it is
ORDERED that the Clerk of the Court is directed to close the instant action and to enter the documents received from the Southern District of Illinois in Mr. Turner's criminal case, Case No. 07-cv-00172-CMA-23.
BY THE COURT:
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LEWIS T. BABCOCK, Senior Judge
United States District Court