VARGAS v. STATE OF NEW JERSEY et al

Filing 3

ORDERED that the Petition for Writ of Habeas Corpus DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction, and WITHOUT PREJUDICE to Petitioner's right to file a motion for relief from his federal conviction; ORDERED that IFP status is DISMISSED as moot; ORDERED that the Clerk shall serve a copy of this Order upon Petitioner; ORDERED that Clerk is to close file without assessing any fees. Signed by Judge Jerome B. Simandle on 12/09/2009. (nz, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : Petitioner, : : v. : : STATE OF NEW JERSEY, et al., : : Respondents. : ________________________________: JOSE VARGAS,

Civil Action No. 09-1219 (JBS) ORDER

THIS MATTER having come before the Court by way of petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, on behalf of Petitioner Jose Vargas, and for the reasons set forth in the Opinion filed herewith, IT IS on this 9th day of December , 2009,

ORDERED that the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is DISMISSED WITH PREJUDICE, for lack of subject matter jurisdiction, and WITHOUT PREJUDICE to Petitioner's right to file a motion for relief from his federal conviction under 28 U.S.C. § 2255; and it is further ORDERED that the motions for in forma pauperis status, for transfer to a federal detention center, for appointment of counsel, for issuance of a writ of error, for consolidation of the state and federal court criminal matters in this habeas petition, and for an Order to show cause, are DISMISSED as moot; ORDERED that the Clerk shall serve a copy of this Order upon Petitioner by regular mail; and it is finally

ORDERED that the Clerk is directed to close the file accordingly without assessing any fees or costs.

s/ Jerome B. Simandle JEROME B. SIMANDLE United States District Judge

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