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Pelzer v. Healy

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


August 3, 2010

WILLIAM AUBREY PELZER, JR., PETITIONER,
v.
PEGGY HEALY AND CHARLES E. WARD, RESPONDENTS.

The opinion of the court was delivered by: Seybert, District Judge

MEMORANDUM & ORDER

William Aubrey Pelzer, Jr.*fn1 , pro se and a resident of the Mid-Hudson Forensic Psychiatric Center, petitions this Court for a writ of habeas corpus under 28 U.S.C. § 2254. Mr. Pelzer's Petition is DISMISSED WITHOUT PREJUDICE, because of two key pleading defects.

First, Mr. Pelzer does not identify when he was convicted, or when this conviction became final. Thus, the Court cannot assess whether Mr. Pelzer's Petition is timely. Second, Mr. Pelzer does not indicate whether he has sought any relief in state court for the alleged Constitutional violations he suffered. 28 U.S.C. § 2254(b)(1)(A). Nor does Mr. Pelzer plead any facts that would let the Court assess whether "there is an absence of available State corrective process" or "circumstances exist that render such process ineffective." 28 U.S.C. § 2254(b)(1)(B). And without such information, the Court cannot award any relief.

Thus, in compliance with Rule 4 of the Rules Governing § 2254 Cases, and FED. R. CIV. P. 8, the Court hereby dismisses Mr. Pelzer's Petition without prejudice.

SO ORDERED

Joanna Seybert, U.S.D.J.


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