Ndoromo v. Holder et al

Filing 3

MEMORANDUM AND ORDER: The Court grants plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 solely for the purpose of this Order. The instant submission initially consisted of two separate petitions, each dat ed and signed by petitioner, but stapled together and submitted together with a single set of exhibits and a single request to proceed in forma pauperis. The second petition was severed and assigned docket number 09-CV-05741 (BMC). The Court has dismissed that second petition by separate Order. Although this Court could simply dismiss this case for lack of subject matter jurisdiction, it will exercise its discretion to transfer it to the court where jurisdiction is proper. Accordingly, t he Clerk of Court is directed to transfer this case to the United States District Court for the District of Columbia, pursuant to 28 U.S.C. § 1631. The decisions as to how to characterize the petition and whether petitioner has met the gate-keep ing requirements of 28 U.S.C. § 2244 and § 2255 are reserved for the transferee court. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for purpose of any appeal. SO ORDERED. (Ordered by Judge Brian M. Cogan, on 1/20/2010) C/mailed. Case transferred electronically to the United States District Court for the District of Columbia via Civil Case Extract. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Latka-Mucha, Wieslawa)