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Pego v. Mackie

United States District Court, E.D. Michigan, Southern Division

June 25, 2015

SAMUEL PEGO, Petitioner,
v.
THOMAS MACKIE, Respondent.

ORDER DENYING MOTION TO REQUEST TIME TO RE-FILE PETITION (ECF #7)

MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE.

On June 1, 2015, Petitioner Samuel Pego (“Pego”) filed a petition in this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (the “Petition”). (See ECF #1.) The Court dismissed the Petition on June 10, 2015. (See ECF #5.) The Court explained that Pego could not proceed under 28 U.S.C. § 2241 because he had not shown that his remedy under 28 U.S.C. § 2255 is inadequate or ineffective. (See id.) The Court also told Pego that it could not convert his § 2241 motion into a motion to vacate sentence under § 2255. See In re Shelton, 295 F.3d 620, 622 (6th Cir. 2002).

Pego now asks the Court to grant additional time “to re-write, and copy, and mail the petition as a motion under § 2255.” (ECF #7 at 1, Pg. ID 220.) A motion under § 2255 is properly filed with the Judge who presided over Petitioner’s criminal case under the corresponding case number – here United States v. Pego, No. 12-cr-20486 (E.D. Mich.) (Ludington, J.). Any such motion cannot be filed in this action.

Accordingly, for all of the reasons stated above, IT IS HEREBY ORDERED that Pego’s “Motion to Request Time to Re-File Correct Petition” (ECF #7) is DENIED.


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