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Gilmore v. Greene County Department of Social Services

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 20, 2006

FURMAN GILMORE, PETITIONER,
v.
GREENE COUNTY DEPARTMENT OF SOCIAL SERVICES, RESPONDENT.

The opinion of the court was delivered by: Norman A. Mordue, Chief Judge

ORDER

The Clerk has sent to the Court a Petition for a Writ of Habeas Corpus brought by Furman Gilmore ("Petitioner" or "Gilmore") pursuant to 28 U.S.C. § 2254. Petitioner has paid the statutory filing fee required to maintain the instant action.

A Petition for a Writ of Habeas Corpus may be brought by "a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. §2254.

In the Petition before the Court there is no indication that Petitioner has been convicted of any offense.*fn1 Rather Petitioner is seeking to challenge a Greene County Family Court determination of permanent neglect that resulted in Petitioner's parental rights being terminated.*fn2 However, Petitioner is not being held in custody pursuant to any such determination by the Family Court. Accordingly, Petitioner may not seek habeas relief pursuant to 28 U.S.C. §2254.

Accordingly, based upon the foregoing, the Court hereby ORDERS, that this action DISMISSED, and it is further ORDERS, that the Clerk serve a copy of this Order on the Petitioner. IT IS SO ORDERED.


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