United States District Court, W.D. Pennsylvania
October 6, 2005.
JOHN CANGELIER, Petitioner-Movant,
JOSEPH SMITH, Warden, U.S.P. Lewisburg, Respondent.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
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
UNITED STATES OF AMERICA, )
v. ) 02: 03cr239
JOHN CANGELIER, ) 02: 05cv1395
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.
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