DRABOVSKIY v. U.S., 3:14-CV-485. (2014)
Court: District Court, M.D. Pennsylvania
Number: infdco20140512832
Visitors: 9
Filed: Mar. 31, 2014
Latest Update: Mar. 31, 2014
Summary: ORDER RICHARD P. CONABOY, District Judge. AND NOW, THIS 31 st DAY OF MARCH 2014, FOR THE REASONS DISCUSSED IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED THAT: 1. Magistrate Judge Carlson's Report and Recommendation (Doc. 3) is adopted in part; 2. Petitioner's 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 Western District
Summary: ORDER RICHARD P. CONABOY, District Judge. AND NOW, THIS 31 st DAY OF MARCH 2014, FOR THE REASONS DISCUSSED IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED THAT: 1. Magistrate Judge Carlson's Report and Recommendation (Doc. 3) is adopted in part; 2. Petitioner's 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 Western District ..
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ORDER
RICHARD P. CONABOY, District Judge.
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 Carlson's Report and Recommendation (Doc. 3) is adopted in part;
2. Petitioner's 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 Western District of Louisiana pursuant to 28 U.S.C. § 1631;
3. Petitioner's 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. Petitioner's 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.
Source: Leagle
