WRIGHT v. HARTUNIAN

Filing 11

ORDER: The Court hereby ORDERS that Petitioner's # 10 request to withdraw his § 2241 motion voluntarily is GRANTED. The Court further ORDERS that Petitioner's § 2241 motion, which the Clerk of the Court filed as a conditional § 2255 motion in the underlying criminal action, see United States v. Wright, 1:14-CR-281 (FJS), Dkt. No. 16, is DISMISSED because, as the Court noted in its July 21, 2017 Memorandum-Decision and Order, the Court could "not permanently con vert Petitioner's filing into a first § 2255 motion without notifying him of its intent to do so and giving him and opportunity to withdraw the petition, consent to its conversion to a § 2255 motion in its current form, or amend it so that it contains all of the § 2255 claims he believes he has." See Dkt. No. 9 at 5-6 (citing Castro v. United States, 540 U.S. 375, 383 (2003)). Signed by Senior Judge Frederick J. Scullin, Jr. on 8/29/2017. [Copy served upon Petitioner via regular mail.] (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
__________________________________________________
JERRELL WRIGHT,
Petitioner,
v.

9:17-CV-737
1:14-CR-281

UNITED STATES OF AMERICA,
Respondent.
__________________________________________________
APPEARANCES

OF COUNSEL

JERRELL WRIGHT
19485-052
Fort Dix Federal Correctional
Institution
P.O. Box 2000
Joint Base MDL, New Jersey 08640
Petitioner pro se
OFFICE OF THE UNITED
STATES ATTORNEY
James T. Foley U.S. Courthouse
445 Broadway, Room 218
Albany, New York 12207-2924
Attorneys for Respondent

DANIEL HANLON, AUSA

SCULLIN, Senior Judge
ORDER
In a Memorandum-Decision and Order dated July 21, 2017, the Court, among other things,
ordered Petitioner to "notify this Court in writing within thirty (30) days of the filing date of this
Memorandum-Decision and Order whether he w[ould] voluntarily withdraw his § 2241 petition or
whether he consent[ed] to the Court converting his § 2241 petition in its current form to a § 2255
motion." See Dkt. No. 9 at 6. In compliance with the Court's Order, Petitioner filed a letter, in which

he notified the Court that he would voluntarily withdraw his § 2241 motion. See Dkt. No. 10 at 1. In
light of Petitioner's letter, the Court hereby
ORDERS that Petitioner's request to withdraw his § 2241 motion voluntarily, see Dkt. No. 10,
is GRANTED; and the Court further
ORDERS that Petitioner's § 2241 motion, which the Clerk of the Court filed as a conditional
§ 2255 motion in the underlying criminal action, see United States v. Wright, 1:14-CR-281 (FJS), Dkt.
No. 16, is DISMISSED because, as the Court noted in its July 21, 2017 Memorandum-Decision and
Order, the Court could "not permanently convert Petitioner's filing into a first § 2255 motion without
notifying him of its intent to do so and giving him and opportunity to withdraw the petition, consent to
its conversion to a § 2255 motion in its current form, or amend it so that it contains all of the § 2255
claims he believes he has." See Dkt. No. 9 at 5-6 (citing Castro v. United States, 540 U.S. 375, 383
(2003)); and the Court further
ORDERS that the Clerk of the Court shall file this Order in both Wright v. United States, 9:17CV-737, and the underlying criminal action, United States v. Wright, 1:14-CR-281; and the Court
further
ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in
accordance with the Local Rules.

IT IS SO ORDERED.

Dated: August 29, 2017
Syracuse, New York

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