Opinion
20-CV-3642 (KMK) 20-CV-3403 (KMK)
05-15-2020
DAVID BROOKS, Petitioner, v. KEYSER, Respondent.
ORDER :
Petitioner David Brooks seeks immediate release from custody because of the COVID-19 pandemic. Because Petitioner filed a prior § 2254 petition raising the same claim, see Brooks v. Keyser, No. 20-CV-3403, the Court accepted this new action (No. 20-CV-3642) as related.
Having examined this petition under 28 U.S.C. § 2254, the Court hereby ORDERS that:
The Court liberally construes this new petition as an amended petition in the 20-CV-3403 matter. See Ching v. United States, 298 F.3d 174, 175 (2d Cir. 2002); Littlejohn v. Artuz, 271 F.3d 360, 363 (2d Cir. 2001) (per curiam); see also 28 U.S.C. § 2242 (providing that a habeas corpus petition "may be amended or supplemented as provided in the rules of procedure applicable to civil actions").
The Clerk of Court shall file the petition in 20-CV-3642 as an amended petition in the 20-CV-3403 matter, and administratively close the 20-CV-3642 matter. A copy of this order shall be filed in both actions.
The Court's prior order in the 20-CV-3403 matter (which directed Petitioner to (1) submit a filing fee or IFP application, and (2) explain how he has exhausted his state remedies, or why that exhaustion requirement should be excused here) remains in effect. SO ORDERED. Dated: May 15, 2020
White Plains, New York
/s/_________
KENNETH M. KARAS
United States District Judge