Guadalupe v. Keyser

Filing 4

TRANSFER ORDER: The Clerk of Court is directed to transfer this case to the United States District Court for the Southern District of New York. 28 U.S.C. § 1406(a). Decisions as to whether petitioner should be permitted to proceed further withou t payment of fees and whether Petitioner has met the gate-keeping requirements of 28 U.S.C. § 2254 are reserved for the transferee court. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-d ay delay is waived. The Clerk of Court is directed to mail a copy of this order to petitioner and to close the file. Ordered by Judge Roslynn R. Mauskopf on 10/2/2017.Original file, certified copy of transfer order, and docket sheet sent to the Southern District of New York. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Taronji, Robert)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JOSE A. GUADALUPE,
Petitioner,
-against-

TRANSFER ORDER
17-CV-5028 (RRM)

SUPERINTENDENT KEYSER,
Sullivan Correctional Facility,
Respondent.
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MAUSKOPF, United States District Judge.
Pro se petitioner Jose A. Guadalupe, who is currently incarcerated at the Sullivan
Correctional Facility pursuant to a judgment of conviction entered in Orange County, filed a
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 on August 3, 2017.
Title 28 of the United States Code, Section 2241(d) provides: “Where an application for a
writ of habeas corpus is made by a person in custody under the judgment and sentence of a State
court of a State which contains two or more Federal judicial districts, the application may be
filed in the district court for the district wherein such person is in custody or in the district court
for the district within which the State court was held which convicted and sentenced him.” 28
U.S.C. § 2241(d). In this case, petitioner was convicted and sentenced in Orange County and is
currently in custody in Sullivan County. Accordingly, the petition must be filed in the Southern
District of New York. See 28 U.S.C. § 112(b) (Orange County and Sullivan County are within
the Southern District of New York); Local Rule 83.3.
Accordingly, the Clerk of Court is directed to transfer this case to the United States
District Court for the Southern District of New York. 28 U.S.C. § 1406(a) (district court may
transfer case filed in the wrong district to any district in which it could have been brought). The

decisions as to whether petitioner should be permitted to proceed further without payment of fees
and whether Petitioner has met the gate-keeping requirements of 28 U.S.C. § 2254 are reserved
for the transferee court. That provision of Rule 83.1 of the Local Rules of the Eastern District of
New York which requires a seven-day delay is waived. The Clerk of Court is directed to mail a
copy of this order to petitioner, and to close the file.
SO ORDERED.

Dated: Brooklyn, New York
October 2, 2017

Roslynn R. Mauskopf
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ROSLYNN R. MAUSKOPF
United States District Judge

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