Chomos v. Sniezek

Full title: MICHAEL J. CHOMOS, Petitioner, v. T.R. SNIEZEK, Warden, Respondent

Court: United States District Court, M.D. Pennsylvania

CIVIL ACTION NO. 1:09-CV-0759.

Date published: May 6, 2009

Fact:

In February, 2008, Chomos was named in a four count indictment in the United States District Court for the Northern District of Ohio. (Doc. 1.) In July, 2008, after entering into a plea of guilty to Count four of the indictment, he was sentenced to a term of incarceration of twenty-four months, followed by a twenty-four month period of supervision and was ordered to pay restitution in the amount of $61,004.28. (Id.)

On March 24, 2009, Chomos filed a “motion for early release” in the United States District Court for the Northern District of Ohio. (See electronic docket sheet, United States of America v. Chomos, #: 4:08-cr-00092-JG-1, U.S. District  Court for the Northern District of Ohio (Youngstown), Doc. 23.) On March 30, 2009, an order was issued by the district court judge instructing the Federal Public Defender to review Chomos’s motion for sentence reduction. (Id. at Doc. 27.) On that same date, counsel entered an appearance on Chomos’s behalf. (Id. at 28.) There has been no further activity on the district court docket since that date.

Issue:

ORDER:

AND NOW, this 6th day of May, 2009, upon consideration of the petition for writ of habeas corpus (Doc. 1), and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that:

1. The petition for writ of habeas corpus (Doc. 1) is DISMISSED for lack of jurisdiction.

2. The Clerk of Court is directed to CLOSE this case.

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