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Drabovskiy v. United States

United States District Court, M.D. Pennsylvania

March 31, 2014

YAKOV DRABOVSKIY, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER

RICHARD P. CONABOY, District Judge.

AND NOW, THIS 31st DAY OF MARCH 2014, FOR THE REASONS DISCUSSED IN THE SIMULTANEOUSLY FILED MEMORANDUM, IT IS HEREBY ORDERED THAT:

1. Magistrate Judge Carlson's Report and Recommendation (Doc. 3) is adopted in part;
2. Petitioner's claims regarding the constitutionality of the statute of conviction, 8 U.S.C. § 1253, which are properly raised in a 28 U.S.C. § 2255 motion are transferred to the United States District Court for the Western District of Louisiana pursuant to 28 U.S.C. § 1631;
3. Petitioner's claims regarding the constitutionality of statutes related to his order of removal are transferred to the United States Court of Appeals for the Fifth Circuit pursuant to 28 U.S.C. § 1631;
4. The petition is dismissed in all other respects;
5. Petitioner's motion for leave to proceed in forma pauperis (Doc. 2) is granted for this filing only;
6. The Clerk of Court is to mark this matter closed in this Court.

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