Free Order on Motion to Vacate (2255) - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 Henri H. Markov, 13 Defendant/Movant. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cr-00764-JAT Document 1152 Filed 03/30/2006 Page 1 of 2

JKM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs.

) ) ) ) ) ) ) ) ) ) ) )

No. CR 03-0764-PHX-JAT No. CV 05-1936-PHX-JAT (BPV) ORDER

Movant Henri H. Markov, has filed a pro se Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255. Because no criminal case number was listed on the Motion, the Clerk of Court filed the Motion in Markov's most recent criminal case. A review of the second page of the Motion, however, reveals that Markov is not challenging the February 18, 2005, Judgment (Doc. #1005) entered in this case. Instead, Markov challenges his July 14, 2000, Judgment of conviction in United States v. Markov, No. CR 99-0227-PHX-ROS (D. Ariz.) (Doc. #580). Accordingly, IT IS ORDERED that the Notice of Assignment (Doc. #1120) is vacated. IT IS FURTHER ORDERED that the Clerk of Court shall remove the Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. #1120) from the file in this case and re-file the Motion in case No. CR 990227-PHX-ROS. The Clerk of Court shall preserve the original filing date of the Motion.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS FURTHER ORDERED that the Clerk of Court shall issue a new notice assigning the Motion to the sentencing judge in case No. CR 99-0227-PHX-ROS DATED this 29th day of March, 2006.

-2Case 2:03-cr-00764-JAT Document 1152 Filed 03/30/2006 Page 2 of 2