Green v. Warden MDC Brooklyn et al
| Mark Green |
| United States Attorneys Office and Warden MDC Brooklyn |
| 1:2015cv00460 |
| January 28, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A. Matsumoto |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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Filing
4
ORDER re 1 Petition for Writ of Habeas Corpus filed by Mark Green. For the reasons set forth in the attached Order, the court finds that it is without jurisdiction to hear Mr. Greens petition for a writ of audita querela or habeas corpus under Section 2241, and that any motion by petitioner to vacate his conviction must be brought pursuant to Section 2255. The court orders petitioner to notify the court within 30 days as to whether he consents to the recharacterization of his petition as a motion pursuant to 28 U.S.C. § 2255. Petitioner is advised that recharacterization of his petition as a Section 2255 motion means that any subsequent Section 2255 motion will be subject to the restrictions on second or successive motions. If petitioner agrees to the conversion of his petition into a Section 2255 motion, he may file an amended motion that contains all the claims he believes he has, and this court will transfer the action to the Eastern District of Pennsylvania pursuant t o Section 2255 and 28 U.S.C. § 1406. If petitioner neither consents to the conversion nor withdraws his petition within 30 days, this petition will be dismissed for lack of jurisdiction. The court offers no opinion on the merits of petitioners claims. The Clerk of Court is respectfully directed to serve petitioner with a copy of this Order at his current address and note service on the docket. Ordered by Judge Kiyo A. Matsumoto on 2/13/2015. (Alagesan, Deepa)
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