Opinion
Criminal Case No. 09-cr-00187-REB
02-02-2012
UNITED STATES OF AMERICA, Plaintiff, v. 1. JEFFREY DAVID SMITH, Defendant.
Judge Robert E. Blackburn
ORDER
Blackburn, J.
The matter before me is defendant's Letter [#54] 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).
[#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.
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. 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
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.
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THEREFORE, IT IS ORDERED that the relief requested in defendant's Letter [#54] filed February 1, 2012, is DENIED WITHOUT PREJUDICE.
Dated February 2, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge