Opinion
22-cv-8714 (NSR) (AEK)
11-03-2022
WALTER E. MAYORGA, Petitioner, v. MARK MILLER, Respondent.
ORDER
ANDREW E. KRAUSE, UNITED STATES MAGISTRATE JUDGE
The Court is in receipt of pro se Petitioner Walter Mayorga's petition for writ of habeas corpus. Earlier this year, this case was transferred from the United States District Court for the Eastern District of New York to the United States District Court for the Southern District of New York.1 After the case was transferred, it came to this Court's attention that in the version of the petition that is on file with the Court-a copy of which is attached to this Order2-page 5 is missing. See ECF No. 1 (attached). It appears as though this missing page would contain Petitioner's first purported ground for habeas relief.
Accordingly, Petitioner is directed to re-submit a complete copy of his petition to the Court at the following address:
Office of the Clerk of Court
U.S. District Court for the Southern District of New York
300 Quarropas Street
White Plains, New York 10601-4150
If Petitioner is unable to re-submit a complete copy of his petition for any reason, he must write to the Court to provide an explanation. Re-submitting the petition pursuant to this Order will not open a new case or create any other procedural obligations for Petitioner; the purpose of this Order is simply to obtain a complete copy of the petition.
The Clerk of Court is respectfully directed to mail a copy of this Order to the pro se Petitioner.
SO ORDERED.
Petitioner was convicted and sentenced in Dutchess County and is currently in custody at a New York State prison located in Dutchess County. Therefore, the case should have been filed in the United States District Court for the Southern District of New York, as Dutchess County is located within the Southern District of New York. See Transfer Order, Mayorga v. Miller, No. 22-cv-5838 (AMD) (E.D.N.Y. Oct. 5, 2022), ECF No. 4.