Opinion
No. 3-97-CR-54-D.
January 26, 2005
ORDER
After making an independent review of the pleadings, files and records in this case, and the Findings, Conclusions and Recommendation of the United States Magistrate Judge, I am of the opinion that the findings and conclusions of the Magistrate Judge are correct and they are adopted as the findings and conclusions of the Court.
IT IS, THEREFORE, ORDERED that the findings, conclusions and recommendation of the United States Magistrate Judge are adopted.
IT IS FURTHER ORDERED that Defendant's Motion for Backtime filed on December 21, 2004, be construed as a petition for writ of habeas corpus seeking relief pursuant to 28 U.S.C. § 2241.
IT IS FURTHER ORDERED that the Clerk of Court is directed to DOCKET Defendant's motion as a new habeas corpus petition pursuant to 28 U.S.C. § 2241, with a new civil docket number and re-style the case asLevi Wooderts, Jr. v. United States of America, with Judge Sidney A. Fitzwater assigned as the presiding district judge. The Clerk is directed to TERM the motion in the criminal case, and to REFER the new civil action to Magistrate Judge Wm. F. Sanderson, Jr. for further proceedings and/or findings and recommendation.