Drabovskiy v. USA

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)[Transferred from Pennsylvania Middle on 3/31/2014.]

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
YAKOV DRABOVSKIY,

:
:CIVIL ACTION NO. 3:14-CV-485
Petitioner,
:
:(JUDGE CONABOY)
v.
:(Magistrate Judge Carlson)
:
UNITED STATES OF AMERICA,
:
:
Respondent.
:
:
___________________________________________________________________
ORDER
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.

S/Richard P. Conaboy
RICHARD P. CONABOY
United States District Judge