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MARTIN v. OVERTON

No. 03-1510.

391 F.3d 710 (2004)

Eric MARTIN, Petitioner-Appellant, v. William OVERTON, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 2004.

Attorney(s) appearing for the Case

ARGUED: Joshua S. Goldwert, Wilmer, Cutler, Pickering, Hale & Dorr, Washington, D.C., for Appellant. ON BRIEF: Joshua S. Goldwert, Howard M. Shapiro, Wilmer, Cutler, Pickering, Hale & Dorr, Washington, D.C., for Appellant.

Before: SILER, BATCHELDER, and ROGERS, Circuit Judges.

OPINION

SILER, Circuit Judge.

Petitioner Eric Martin appeals the recharacterization, without notice, of his pro se petition for medical treatment as an improper habeas corpus petition. Under the rule of In re Shelton, 295 F.3d 620 (6th Cir.2002), however, Martin should have been afforded the opportunity to withdraw his petition prior to its recharacterization as a petition...

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