Moreover, he has not established any cause and prejudice to overcome the procedural defect of his habeas petition. Appellant failed to establish a threat of irreparable harm because the injuries he alleged as the basis for his claim for relief wrongfully withheld wages, statutorily inadequate wages, and termination of his work assignment were compensable through his section 1983 claim for money damages. The district court erred in denying as moot appellant's motion of notice of inquiry. In that motion, appellant inquired as to the status of his section 2255 motion, and the district court mistakenly concluded that it had addressed the section 2255 motion. Because the district court had not yet addressed the issues appellant raised in his separate section 2255 motion, the court remands for consideration of the claims raised therein.
Appellants have a disabled child whom they wanted to place in daycare.
The court agrees with the district court that appellant's two unrelated convictions did not become related by virtue of the probation revocation and concurrent sentencing, and thus the court concludes the district court properly assessed three points for each conviction. That Plaintiff's motion for summary judgment is hereby granted in all respects. That Defendant's motion for summary judgment is hereby denied in all respects. That any motions not specifically granted in this Order are hereby denied in all respects. Person's own auto insurer is not primary.