Sharpe v. Martuscello

Filing 4

OPINION & ORDER: SO ORDERED that the Petition is dismissed without prejudice with leave to refile in accordance with the requirements of Rule 2. The Clerk of the Court is directed to mail a copy of this order to plaintiff, along with the form and instructions for filing a "Petition for Relief From a Conviction or Sentence By a Person in State Custody." The Clerk of Court shall close this case. CM to pro se petitioner. Ordered by Judge Sandra J. Feuerstein on 4/4/2014. (Florio, Lisa)

DIF
FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D N Y

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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KA'REEM SHARPE,

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APR 04 2014

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LONG ISLAND OFFtcE

Petitioner,

OPINION AND ORDER
13-CV-6064 (SJF)

-againstDANIEL F. MARTUSCELLO,
Respondent.

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FEUERSTEIN, J.
On October 28, 2013, petitioner Ka'reem Sharpe ("petitioner") filed a petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2254 (the "Petition"). [Docket Entry No. I]. The two (2)
page Petition alleges, in its entirety:
I am a petitioner/defendant, and I am requesting for stay and
abyance [sic] to take an undue amount of time to pursue state court
remedies. As of this moment I am in the process of completing my
writ of error coram nobis relief which may allow me (further
access into the state court to present other unexhaust [sic] claims of
innocence [sic] on my direct appeal (which is why the writ is being
submitted). The concern about excessive delays in seeking
exhaustion and in returning to federal court after exhaustion can
easily be dispelled by allowing a habeas petitioner no more than
reasonable interval of time to present his claims to the state courts
and to return to federal court after exhaustion.
Petition, at 1. 1 Notably, the Petition makes no reference to the underlying state court proceeding,
including the name and court of conviction, date of conviction, or case number.
Rule 2(c) of the Rules Governing Section 2254 Cases in the United States District Court
("Rule 2") provides that the petition must "specify all grounds for relief available to the

The petition also includes what appears to be a recitation of language from Zarvela v. Artuz, 254
F.3d 374 (2d Cir. 2001) regarding the "exhaustion requirement pursuant to 28 U.S.C.A. 2254." Petition,
at 1-2.

petitioner" and "state the facts supporting each ground." The Petition fails to meet the
requirements of Rule 2. Accordingly, the Petition is dismissed without prejudice with leave to
refile in accordance with the requirements of Rule 2.
The Clerk ofthe Court is directed to mail a copy of this order to plaintiff, along with the
form and instructions for filing a "Petition for Relief From a Conviction or Sentence By a Person
in State Custody." The Clerk of Court shall close this case.
SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge
Dated: April 4, 20 I 4
Central Islip, New York

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