Lymas v. Zickafoose

Filing 4

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED AS FOLLOWS: 1. Petitioner is granted in forma pauperis status for the sole purpose of filing this action. 2. The petition for writ of habeas corpus is dismissed. 3. P etitioner, if he so chooses, may reassert his present claims in a properly filed civil rights action and/or file a request for compassionate release pursuant to 18 U.S.C. § 3582(c)(1)A)(I)-(ii) and the procedures set forth in Bureau of Prisons P rogram Statement 5050.49.4. The Clerk of Court is directed to forward to Petitioner two (2) copies of this courts form § 1331 civil rights complaint, an application to proceed in forma pauperis, and an Authorization form. 5. The Clerk of Court is directed to close this case. Signed by Honorable Yvette Kane on 9/17/14. (sc)

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

XXAVIER LYMAS,
Petitioner,
v.
DONNA ZICKAFOOSE,
Respondent

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CIVIL NO. 1:CV-14-1793
(Judge Kane)

ORDER
AND NOW, this 17th day of September, 2014, in accordance with the accompanying
Memorandum, IT IS HEREBY ORDERED AS FOLLOWS:
1.

Petitioner is granted in forma pauperis status for the sole purpose of filing this
action.

2.

The petition for writ of habeas corpus is dismissed.

3.

Petitioner, if he so chooses, may reassert his present claims in a properly filed
civil rights action and/or file a request for compassionate release pursuant to 18
U.S.C. § 3582(c)(1)A)(I)-(ii) and the procedures set forth in Bureau of Prisons
Program Statement 5050.49.

4.

The Clerk of Court is directed to forward to Petitioner two (2) copies of this
court’s form § 1331 civil rights complaint, an application to proceed in forma
pauperis, and an Authorization form.

5.

The Clerk of Court is directed to close this case.

S/ Yvette Kane
YVETTE KANE, District Judge
Middle District of Pennsylvania