McCoy v. Povero, No. 6:2015cv06237 - Document 14 (W.D.N.Y. 2016)

Court Description: DECISION AND ORDER GRANTING 6 Motion to Dismiss for Lack of Jurisdiction. Since Petitioner was not "in custody" at the time she filed her Petition, this Court lacks jurisdiction to entertain the challenge to her state court conviction. Respondent's Motion to Dismiss (ECF No. 6) is GRANTED and the Petition (ECF No. 1) is DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to close this case. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/22/16. -CLERK TO FOLLOW UP- (SCE)