Opinion
12-CV-1226C
01-30-2013
LUIS DIAZ, Petitioner, v. J.T. SHARTIE, Respondent.
ORDER
Petitioner filed this action using a form petition for cases brought under 28 U.S.C. § 2241. The case was docketed as a § 2241 petition for writ of habeas corpus and the case was randomly assigned to the undersigned by the Clerk of the Court;
A review of the petition indicates that this action should have been brought as a motion to vacate under 28 U.S.C. § 2255 as plaintiff is challenging his sentencing in criminal case number 00-CR-6064 assigned to the Honorable Charles J. Siragusa;
The Court finds that reassignment of this action to the Honorable Charles J. Siragusa is necessary because the instant action is a challenge to the criminal proceeding.
IT HEREBY IS ORDERED, that this action be reassigned to the Honorable Charles J. Siragusa and related to criminal case 00-CR-6064CJS;
FURTHER, that the petition filed in this case be docketed as a motion for relief under 28 U.S.C. § 2255 and filed nunc pro tunc in case number 00-CR-6064CJS;
FURTHER, that the Clerk of the Court is to make the necessary docket revisions to reflect that the petitioner's action is reclassified as an action filed under § 2255;
FURTHER, that the caption be revised to be indicate that the sole respondent in this action is the United States of America; and
FURTHER, that the Clerk of the Court is directed to reassign the case as indicated.
SO ORDERED.
________________________
JOHN T. CURTIN
United States District Judge
DATED: 1/23/2013
Buffalo, New York