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Gilmore v. Greene County Department of Social Services

United States District Court, N.D. New York
Apr 20, 2006
9:06-CV-0318 (NAM)(DEP) (N.D.N.Y. Apr. 20, 2006)

Opinion

9:06-CV-0318 (NAM)(DEP).

April 20, 2006

FURMAN GILMORE, Petitioner, pro se.


ORDER


The Clerk has sent to the Court a Petition for a Writ of Habeas Corpus brought by Furman Gilmore ("Petitioner" or "Gilmore") pursuant to 28 U.S.C. § 2254. Petitioner has paid the statutory filing fee required to maintain the instant action.

A Petition for a Writ of Habeas Corpus may be brought by "a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. § 2254.

In the Petition before the Court there is no indication that Petitioner has been convicted of any offense. Rather Petitioner is seeking to challenge a Greene County Family Court determination of permanent neglect that resulted in Petitioner's parental rights being terminated. However, Petitioner is not being held in custody pursuant to any such determination by the Family Court. Accordingly, Petitioner may not seek habeas relief pursuant to 28 U.S.C. § 2254.

This Court is aware that Petitioner is in custody pursuant to a 2002 conviction from Greene County for criminal possession of a controlled substance. That conviction is being challenged in a Habeas Petition in this District. See 9:05-CV-1378.

See In the Matter of Yvonne N., 775 N.Y.S.2d 87, 6 A.D.3d 769 (3d Dept. 2004).

Accordingly, based upon the foregoing, the Court hereby

ORDERS, that this action DISMISSED, and it is further

ORDERS, that the Clerk serve a copy of this Order on the Petitioner.

IT IS SO ORDERED.


Summaries of

Gilmore v. Greene County Department of Social Services

United States District Court, N.D. New York
Apr 20, 2006
9:06-CV-0318 (NAM)(DEP) (N.D.N.Y. Apr. 20, 2006)
Case details for

Gilmore v. Greene County Department of Social Services

Case Details

Full title:FURMAN GILMORE, Petitioner, v. GREENE COUNTY DEPARTMENT OF SOCIAL…

Court:United States District Court, N.D. New York

Date published: Apr 20, 2006

Citations

9:06-CV-0318 (NAM)(DEP) (N.D.N.Y. Apr. 20, 2006)