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Olson v. United States

United States District Court, Third Circuit

October 8, 2013

DUANE R. OLSON, Petitioner
v.
UNITED STATES OF AMERICA, Respondent

ORDER

MATTHEW W. BRANN, District Judge.

In accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. Petitioner is GRANTED leave to proceed in forma pauperis for the sole purpose of the filing of this action with this Court.
2. The Petitioner's request (Doc. 6) to withdraw his summary judgment motion is GRANTED.
3. Olson's motion for summary judgment (Doc. 3) is DEEMED WITHDRAWN.
4. Olson's action is construed as a habeas corpus petition pursuant to 28 U.S.C. § 2241 and is DISMISSED WITHOUT PREJUDICE.
5. Olson may file a section 2255 motion in the United States District Court for the Northern District of Illinois, or if appropriate, seek authorization from the appropriate Court of Appeals for leave to file a second or successive § 2255 petition.
6. Petitioner's motion for declaratory judgment (Doc. 7) is DISMISSED AS MOOT.
7. The Clerk of Court is directed to CLOSE this case.
8. Based on the Court's conclusion herein, there is no basis for the issuance of a certificate of appealability.

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