COLLEEN McMAHON, Chief United States District Judge
ORDER :
Petitioner, currently incarcerated at Upstate Correctional Facility, brings this pro se letter to notify the Court that he intends to challenge his Rockland County state-court conviction. The Court grants Petitioner leave to file an in forma pauperis (IFP) application and a petition for a writ of habeas corpus under 28 U.S.C. § 2254, within sixty days of the date of this order as detailed below.
BACKGROUND
On February 27, 2020, the Court received a letter from Petitioner where he asserts that he appealed his Rockland County conviction and exhausted all of his state-court remedies. He indicates that he "hope[s] that the letter will suffice in putting in notice that [he] would like to have the Federal Court review [his] state conviction." (ECF No. 1 at 1.) But he also indicates that he would like to "hold off" on pursuing habeas corpus relief under 28 U.S.C. § 2254 until after he files a motion to vacate his judgment under § 440.10 of New York's Criminal Procedure Law. (Id.)
DISCUSSION
A petition brought under § 2254 is the proper vehicle for a petitioner to challenge "the judgment of a State court . . . 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. A § 2254 petition must conform to the Rules Governing Section 2254 Cases. Rule 2(c) requires a petition to specify all of a petitioner's available grounds for relief, setting forth the facts supporting each of the specified grounds and stating the relief requested. The petition must permit the Court and the respondent to comprehend both the petitioner's grounds for relief and the underlying facts and legal theory supporting each ground so that the issues presented in the petition may be adjudicated.
The Court has analyzed Petitioner's letter and concludes that Petitioner does not intend to file a § 2254 petition at this time because he intends to file a motion under § 440.10 before pursuing habeas corpus relief. But in light of Petitioner's pro se status, the Court grants him leave, within sixty days of the date of this order, to complete the attached IFP and the petition for a writ of habeas corpus under 28 U.S.C. § 2254. If Petitioner does not intend to pursue habeas corpus relief at this time, and does not respond to this order, the action will be dismissed without prejudice to any future challenge Petitioner files.
Petitioner is advised that he has one year from the date his judgment of conviction becomes final to file his petition. See 28 U.S.C. § 2254(d). Generally, a judgment of conviction becomes final following "the expiration of [the] 90-day period of time to petition for certiorari in the Supreme Court of the United States." Warren v. Garvin, 219 F.3d 111, 112 (2d Cir. 2000). If Petitioner files a postconviction motion before the expiration of the statute of limitations, the motion and related state-court proceedings may toll the statute of limitations. See 28 U.S.C. § 2244(d)(2).
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. Petitioner is granted leave to file a § 2254 petition and an IFP application containing the information specified above. Should Petitioner file a petition, it must be submitted to the Clerk's Office within sixty days of the date of this order, be captioned as a "Petition" and bear the same docket number as this order. A Petition Under 28 U.S.C. § 2254 form and an IFP application are attached to this order.
If submitted, the petition shallm-of-pleadings" class="raw-ref">Federal Rules of Civil Procedure 10(b), see 5 Wright & Miller, § 1324, given the stubbornly prolix nature of plaintiff's complaint, the court repeats the directions it gave in its previous order: " plaintiff's counsel is directed to plead the allegations in separately numbered paragraphs, each containing a single allegation of which the defendant will either admit or deny, and each allegation stated in the simple, direct, and concise language required by Rule 8."
To assist plaintiff's attorney, the court is enclosing a copy of a sample pleading in a negligence case taken from 2 James Wm. Moore, Moore's Manual-Federal Practice Forms, Form No. 10:86G (1998). The court also recommends that plaintiff's attorney study William Strunk, Jr. & E.B. White, The Elements of Style (3d ed.1979).
Plaintiff's attorney is hereby ordered to re-plead the complaint dated February 25, 1999 in accordance with this Memorandum and Order. Plaintiff is to serve the amended complaint by April 12, 1999.
So ordered.