Brown v. Noeth, No. 6:2017cv06193 - Document 3 (W.D.N.Y. 2017)

Court Description: DECISION AND ORDER granting 2 MOTION for Leave to Proceed in forma pauperis, and converting 1 Petition for Writ of Habeas Corpus. Petitioner must either consent to the recharacterization of the 1 Petition or voluntarily withdraw the 1 Petiti on by July 14, 2017. If the 1 Petition is recharacterized as one brought under 28 U.S.C. § 2254, the Clerk of Court is directed to transfer the 1 Petition to the United States District Court for the Northern District of New York. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/14/17. (PFC) (A copy of this Decision and Order has been mailed to Plaintiff) -CLERK TO FOLLOW UP-