WRIGHT v. HARTUNIAN
||RICHARD S. HARTUNIAN
||July 7, 2017
||US District Court for the Northern District of New York
||Andrew T. Baxter
||Frederick J. Scullin
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2241 Petition for Writ of Habeas Corpus (federa
|Jury Demanded By:
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|August 29, 2017
ORDER: The Court hereby ORDERS that Petitioner's # 10 request to withdraw his § 2241 motion voluntarily is GRANTED. The Court further ORDERS that Petitioner's § 2241 motion, which the Clerk of the Court filed as a conditional § 2255 motion in the underlying criminal action, see United States v. Wright, 1:14-CR-281 (FJS), Dkt. No. 16, is DISMISSED because, as the Court noted in its July 21, 2017 Memorandum-Decision and Order, the Court could "not permanently con vert Petitioner's filing into a first § 2255 motion without notifying him of its intent to do so and giving him and opportunity to withdraw the petition, consent to its conversion to a § 2255 motion in its current form, or amend it so that it contains all of the § 2255 claims he believes he has." See Dkt. No. 9 at 5-6 (citing Castro v. United States, 540 U.S. 375, 383 (2003)). Signed by Senior Judge Frederick J. Scullin, Jr. on 8/29/2017. [Copy served upon Petitioner via regular mail.] (nmk)
|July 6, 2017
OPINION. Signed by Judge Renee Marie Bumb on 7/6/2017. (dmr) [Transferred from New Jersey on 7/7/2017.]
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