Opinion
12-CV-6300CJS 05-CR-6033CJS
06-12-2012
APRIL ROUNDS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
DECISION AND ORDER
Petitioner, April Rounds, acting pro se, seeks relief pursuant to 28 U.S.C. § 2255, alleging that this Court's decision not to order a sentence reduction was unconstitutional or unlawful, as set forth more precisely in the petition. Petitioner has also filed a Motion to Appoint Counsel (05-CR-6033, Docket No. 151).
Petitioner previously filed a Notice of Appeal relating to the sentence reduction issue (05-CR-6033, Docket No. 148). Petitioner's appeal is currently pending in the Second Circuit Court of Appeals (Docket No. 12-1440), while she is simultaneously seeking relief in this Court. In the interest of judicial economy, the petition in this Court is dismissed without prejudice. Plaintiff may file a new § 2255 petition for relief in this Court in the future, if she does not obtain the relief she is seeking in the Court of Appeals. See United States v. Outen, 286 F.3d 622, 632 (2d Cir. 2002); Wall v. United States, 619 F.3d 152, 154 (2d Cir. 2010).
Further, petitioner's Motion to Appoint Counsel is deemed moot and is dismissed.
SO ORDERED. Date: June 12, 2012
Rochester, New York
___________
CHARLES J. SIRAGUSA
United States District Judge