Brooks v. Keyser

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID BROOKS, Petitioner, 20-CV-3642 (KMK) -against- 20-CV-3403 (KMK) KEYSER, ORDER Respondent.

KENNETH M. KARAS, United States District Judge: Petitioner David Brooks seeks immediate release from custody because of the COVID-19 pandemic. Because Petitioner filed a prior § 2254 petition raising the same claim, see Brooks □□ Keyser, No. 20-CV-3403, the Court accepted this new action (No. 20-CV-3642) as related.

Having examined this petition under 28 U.S.C. § 2254, the Court hereby ORDERS that: The Court liberally construes this new petition as an amended petition in the 20-CV-3403 matter. See Ching v. United States, 298 F.3d 174, 175 (2d Cir. 2002); Littlejohn v. Artuz, 271 F.3d 360, 363 (2d Cir. 2001) (per curiam); see also 28 U.S.C. § 2242 (providing that a habeas corpus petition “may be amended or supplemented as provided in the rules of procedure applicable to civil actions”), The Clerk of Court shall file the petition in 20-CV-3642 as an amended petition in the 20- CV-3403 matter, and administratively close the 20-CV-3642 matter. A copy of this order shall be filed in both actions.

The Court’s prior order in the 20-CV-3403 matter (which directed Petitioner to (1) submit a filing fee or IFP application, and (2) explain how he has exhausted his state remedies, or why that exhaustion requirement should be excused here) remains in effect.

SO ORDERED.

Dated: May 15, 2020 White Plains, New York i a — ~~ KENNETH‘M. KARAS United States District Judge