Opinion
Criminal Action No. 04-cr-00123-MSK.
November 14, 2008
ORDER
THIS MATTER comes before the Court sua sponte,
Upon the review of the Petition for Writ of Habeas Corpus at Docket Entry #58, which was submitted by the Defendant, pro se. Despite its title "Petition for Writ of Habeas Corpus" and its request that the Court determine the legality of Petitioner's detention, the Clerk docketed it as a Writ of Habeas Corpus ad Prosequendum. It is, instead, a Petition for Writ of Habeas Corpus brought pursuant to 28 U.S.C. § 2244.
IT IS THEREFORE ORDERED that Docket Entry #58 is hereby STRICKEN from this action. The Clerk is directed to open an appropriate case for its determination.