Granados v. United States of America, No. 1:2007cv00103 - Document 2 (E.D.N.Y. 2007)

Court Description: OPINION AND ORDER: Petitioner is hereby notified that the Court finds that the instant application, notwithstanding its designation, should be construed as a petition brought pursuant to 28 U.S.C. sec. 2241. Petitioner may withdraw the instant applic ation if he does not wish to pursue relief under sec. 2241. Should petitioner choose to withdraw his application, he must notify the Court within 60 days of the date of the instant order. If petitioner fails to notify the Court within the time allowe d that he wishes to withdraw the instant application, the application shall be designated as a petition for a writ of habeas corpus under sec. 2241 and transferred to the United States District Court for the Southern District of Texas, the district i n which petitioner is in custody. Upon transfer of his petition, Mr. Granados must either pay the filing fee of $350 or request in forma pauperis status in compliance with the procedures of the transferee court. Due to petitioner's pro se s tatus, the Clerk of the Court has been directed to assign a civil docket number. However, should petitioner choose to withdraw the instant petition, he shall be permitted to do so without prejudice to a second or subsequent sec. 2241 petition. I cert ify pursuant to 28 U.S.C. sec. 1915(a)(3) that any appeal from this order would not be taken in good faith. So Ordered. (Ordered by Judge Allyne R. Ross, on 1/10/2007) C/M by Chambers. *Electronic Service upon the U.S. Attorneys' Office re: 1 Petition for Writ of Habeas Corpus. (Latka-Mucha, Wieslawa)