Noble v. United States of America

Filing 2

ORDER TRANSFERING CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK - For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, the Clerk of the Court is directed to transfer this case to the U.S. District Court for the Sou thern District of New York, pursuant to 28 U.S.C. § 1631. See 28 U.S.C. § 1406(a). The provision of Rule 83.1 of the Local Rules of the Eastern District of New York that requires a seven-day delay is hereby waived. The Clerk of the Court is further directed to mail a copy of this Electronic Order and the Attached Written Summary Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 10/6/2010. (Irizarry, Dora)

Noble v. United States of America

Doc. 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------x BRYAN NOBLE, : : Petitioner, : -against: : UNITED STATES OF AMERICA, : : Respondent. : -------------------------------------------------------x DORA L. IRIZARRY, U.S. District Judge:

SUMMARY ORDER 10-CV- 3590 (DLI)

Petitioner Bryan Noble, who is currently in custody at the Federal Correctional Institution Gilmer in Glenville, West Virginia, filed this pro se petition addressed to the Supreme Court of the United States. See United States v. Noble, 07-cr-00284-RJS (S.D.N.Y. Dec. 12, 2008), aff'd, 2d Cir. Mandate No. 08-6204-cr (2d Cir. March 5, 2010). It is not entirely clear what relief petitioner is seeking. To the extent that he means to challenge the 2008 conviction or sentence entered in the United States District Court for the Southern District of New York ("SDNY"), such a challenge must be brought as a writ of habeas corpus pursuant to 28 U.S.C. § 2255 and must be brought in that district. Accordingly, the Clerk of Court is directed to transfer this case to the SDNY, pursuant to 28 U.S.C. § 1631. See 28 U.S.C. § 1406(a). That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is hereby waived. SO ORDERED. Dated: Brooklyn, New York October 6, 2010 ________________/s/________________ DORA L. IRIZARRY United States District Judge

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