CICE v. SCHULTZ

Full title: ANTHONY CICE, Petitioner, v. PAUL M. SCHULTZ, Respondent

Court: United States District Court, D. New Jersey

Date published: Aug 30, 2007

Civil Action No. 07-1833 (RMB) (D.N.J. Aug. 30, 2007)

Opinion

Civil Action No. 07-1833 (RMB).

August 30, 2007

ORDER

RENEE BUMB, District Judge

CLOSED

For the reasons set forth in the Opinion filed herewith, IT IS on this 30^th day of August, 2007,

ORDERED that the § 2254 claim is DISMISSED WITHOUT PREJUDICE; and it is further

ORDERED that no Certificate of Appealability shall be issued with respect to the § 2254 claim; and it is further

ORDERED that the challenge to Petitioner's federal conviction is construed as a motion to vacate, set aside, or correct the sentence pursuant to 28 U.S.C. § 2255 and is TRANSFERRED to the U.S. District Court for the Eastern District of Pennsylvania; and it is further

ORDERED that the Clerk of the Court shall effectuate the transfer on an expedited basis pursuant to 28 U.S.C. §§ 1406(a) and 1631, shall serve a copy of this Opinion and Order upon all parties, and shall close the file.