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07-4975 - El v. Warden of Rikers Island


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07-4975 - El v. Warden of Rikers Island
January 11, 2008
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ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, the petition for a writ of habeas corpus filed in forma pauperis is DISMISSED without prejudice. To the extent plaintiff filed this petition to challenge his placement in the special housing unit when incarcerated at Rikers Island, these claims are dismissed as not properly considered within the context of a habeas petition. Should petitioner seek to raise these claims regarding constitutional violations during his incarceration at Rikers Island pursuant to 42 U.S.C. § 1983, the court has attached a sample complaint form and a request to proceed in forma pauperis. The Court certifies, pursuant to 28 U.S.C. §1915(a)(3), that any appeal from this order would not be taken in good faith, and, therefore, in forma pauperis status is denied for the purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Electronic Order, the Attached Written Memorandum and Order, sample complaint form and a request to proceed in forma pauperis to pro se petitioner by certified mail with return receipt. The Clerk of the Court is further directed to close the file maintained in this matter. SO ORDERED by Judge Dora Lizette Irizarry on 01/11/08. (Irizarry, Dora)