Abreu v. Department of Homeland Security

Filing 4

ORDER re: notice of appeal petition for review 1 - It is hereby ORDERED that: 1. "Notice of Appeal Petition for Review" is CONSTRUED as motion to transfer pending appeal from USCA for 3rd Cir to dist ct & is DENIED w/out prejudice to his rt to pursue such relief in pending appellate matter.; 2. Clrk of Ct shall TERMINATE motion to proceed IFP 2 ; 3. Clrk of Ct shall CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 12/01/09. (ki)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

TEDDY ABREU, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent

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CIVIL ACTION NO. 1:09-CV-2299 (Judge Conner)

ORDER AND NOW, this 1st day of December, 2009, upon consideration of the "Notice of Appeal Petition for Review" (Doc. 1) filed by petitioner on November 23, 2009, in which he argues that he should have filed his appeal of the U.S. Citizenship and Immigration Services' denial of his derivative citizenship claim (Doc. 1, at 9) with the district court, rather than the court of appeals, and it appearing that his appeal is presently pending before the United States Court of Appeals for the Third Circuit, Teddy Abreu v. Attorney General of the United States of America, Civil Dckt # 09-3299, it is hereby ORDERED that: 1. The "Notice of Appeal Petition for Review" is CONSTRUED as a motion to transfer his presently pending appeal from the United States Court of Appeals for the Third Circuit to the district court and is DENIED without prejudice to his right to pursue such relief in the pending appellate matter.

2.

The Clerk of Court shall TERMINATE the motion to proceed in forma pauperis (Doc. 2). The Clerk of Court shall CLOSE this case.

3.

S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge