Opinion
Civil Action No. 1:05-CV-0481.
April 25, 2005
ORDER
AND NOW, this 25th day of April, 2005, upon consideration of the report of the magistrate judge (Doc. 4), to which no objections were filed, recommending that the above-captioned case be transferred to the United States District Court for the Southern District of New York, but see 28 U.S.C. § 2254(d) (allowing for intrastate transfers of cases), and it appearing that petitioner is presently detained in a state corrections institution within the Middle District of Pennsylvania pending resolution of an order of deportation, see Moreno v. Sec'y Michael Chertoff, No. 05-0565 (M.D. Pa. Mar. 21, 2005), but that the petition, filed pursuant to 28 U.S.C. § 2254, challenges petitioner's custody under a sentence of probation imposed by a New York state court, and that the petition does not name a state officer having custody under that sentence, see R. GOVERNING § 2254 CASES R.2(a) ("If the petitioner is currently in custody under a state-court judgment, the petition must name as respondent the state officer who has custody."), it is hereby ORDERED that:
1. The petition (Doc. 1) is DISMISSED.
2. A certificate of appealability is DENIED. See 28 U.S.C. § 2253.
3. The Clerk of Court is directed to CLOSE this case.