Velazquez v. Warden

Filing 2

Case transferred to the Southern District of New York. Case extracted via ecf. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Ordered by Judge Ann M. Donnelly on 6/29/2020. (Greene, Donna) [Transferred from New York Eastern on 6/29/2020.]

Case 1:20-cv-04981-UA Document 2 Filed 06/29/20 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------------------------------X
ADALBERTO VELAZQUEZ,
Petitioner,

NOT FOR PUBLICATION

TRANSFER ORDER
20-cv-2791 (AMD)

-againstUNITED STATES OF AMERICA,
Respondent.
------------------------------------------------------------X
ANN M. DONNELLY, United States District Judge:
On June 22, 2020, the pro se petitioner, incarcerated at the Metropolitan Detention Center
in Brooklyn, filed this petition for habeas corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.)
The petitioner challenges his guilty plea before the Honorable Kimba M. Wood in the United
States District Court for the Southern District of New York, captioned United States v.
Velazquez, 19-cr-00116-01. (Id.)
Because the petitioner challenges the validity of his sentence rather than its execution, his
petition must be brought pursuant to 28 U.S.C. § 2255. See Jiminian v. Nash, 245 F.3d 144, 14647 (2d Cir. 2001) (“[A]s a general rule, federal prisoners must use § 2255 instead of § 2241(c)(3)
to challenge a sentence as violating the Constitution or laws of the United States.”). Under
Section 2255, venue is proper in the district in which the petitioner was sentenced. See 28
U.S.C. § 2255(e).
Accordingly, the Clerk of Court is directed to transfer this case to the United States
District Court for the Southern District of New York. The provision of Rule 83.1 of the Local
Rules of the Eastern District of New York that requires a seven-day delay is waived. Upon the
transfer of the case, the Clerk of Court is requested to mark this case closed.

Case 1:20-cv-04981-UA Document 2 Filed 06/29/20 Page 2 of 2

SO ORDERED.

s/Ann M. Donnelly
___________________________________
Ann M. Donnelly
United States District Judge
Dated: Brooklyn, New York
June 29, 2020

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