Soto v. Central Intelligence Agency et al
| Alexander Anthony Soto |
| Central Intelligence Agency, National Security Agency and South Beach Pyschiatric Center |
| 1:2016cv00820 |
| February 12, 2016 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Margo K. Brodie |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
23
MEMORANDUM & ORDER granting 21 Motion to Dismiss for Lack of Jurisdiction. For the reasons discussed in the attached Memorandum and Order, the Court dismisses the petition for lack of jurisdiction. The Court will not issue a certificate of appeal ability. See 28 U.S.C. § 2253. The Court grants Petitioner thirty (30) days from the date of this Memorandum and Order to file a second amended petition and request that the Court construe the second amended petition as an action for da mages under 42 U.S.C. § 1983. If Petitioner fails to file a second amended petition and request conversion to a section 1983 claim, the Court will dismiss the petition for the reasons set in the attached Memorandum and Order. The Court certifi es pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Margo K. Brodie on 9/1/2017. (Hawkins, Salah)
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