Drabovskiy v. USA

Drabovskiy v. USA

Petitioner:	Yakov G. Drabovskiy
Respondent:	USA
Case Number:	3:2014cv00485
Filed:	March 14, 2014
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
County:	Union
Presiding Judge:	Richard P. Conaboy
Nature of Suit:	Habeas Corpus - Alien Detainee
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2014	Filing 6 ORDER Signed by Honorable Richard P. Conaboy on 3/31/14 AND NOW, THIS 31st DAY OF MARCH 2014, FOR THE REASONS DISCUSSED IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED THAT:1.Magistrate Judge Carlsons Report and Recommendation (Doc. 3) is adopted in part;2.Petitioners claims regarding the constitutionality of the statute of conviction, 8 U.S.C. § 1253, which are properly raised in a 28 U.S.C. § 2255 motion are transferred to the United States District Court for the Weste rn District of Louisiana pursuant to 28 U.S.C. § 1631;3.Petitioners claims regarding the constitutionality of statutes related to his order of removal are transferred to the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. § 1631;4.The petition is dismissed in all other respects;5.Petitioners motion for leave to proceed in forma pauperis(Doc. 2) is granted for this filing only;6.The Clerk of Court is to mark this matter closed in this Court.(cc)

Date Filed

Document Text

March 31, 2014

Filing 6 ORDER Signed by Honorable Richard P. Conaboy on 3/31/14 AND NOW, THIS 31st DAY OF MARCH 2014, FOR THE REASONS DISCUSSED IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED THAT:1.Magistrate Judge Carlsons Report and Recommendation (Doc. 3) is adopted in part;2.Petitioners claims regarding the constitutionality of the statute of conviction, 8 U.S.C. § 1253, which are properly raised in a 28 U.S.C. § 2255 motion are transferred to the United States District Court for the Weste rn District of Louisiana pursuant to 28 U.S.C. § 1631;3.Petitioners claims regarding the constitutionality of statutes related to his order of removal are transferred to the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. § 1631;4.The petition is dismissed in all other respects;5.Petitioners motion for leave to proceed in forma pauperis(Doc. 2) is granted for this filing only;6.The Clerk of Court is to mark this matter closed in this Court.(cc)

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Petitioner: Yakov G. Drabovskiy
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Respondent: USA
Represented By:	Mark Morrison
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