Western District of New York • 6:25-cv-06621

#1

Oct 30, 2025

PETITION for Writ of Habeas Corpus, filed by Vladimir Kulakov. (Attachments: # 1 Civil Cover Sheet)(TF) (Entered: 10/30/2025)

Oct 30, 2025

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff.(TF)

Oct 30, 2025

Filing fee: $ 5.00, receipt number 100008315. (TF)

#2

Nov 21, 2025

TEXT ORDER. The Court has reviewed the claims in the petition, and finds that, despite Petitioner filing a form petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, it is in fact a petition under § 2254. By its terms, section 2254 applies to application[s]... in behalf of... a person in custody pursuant to the judgment of a State court... on the ground that [the person applying] is in custody in violation of the Constitution... of the United States. Cook v. New York State Div. of Parole, 321 F.3d 274, 278 (2d Cir. 2003) (citing 28 U.S.C. § 2254(a)). That characterizes the instant petition precisely. See Dkt. 1 at 1-5 (concerning Petitioners state court sentence). Specifically, the first five pages of the petition appear to challenge his state court sentence of imprisonment. See Chambers v. United States, 106 F.3d 472, 474-75 (2d Cir. 1997) (disregarding a prisoner's mislabeling of a § 2255 petition and instead look to the requested relief). The petition must therefore be converted to a petition under 28 U.S.C. § 2254. However, because of the limitations on second and successive petitions imposed by 28 U.S.C. § 2244, Petitioner must be provided notice and an opportunity to withdraw a petition improperly filed under § 2241 before the Court converts it to a § 2254 petition. Accordingly, if Petitioner wishes to withdraw his Petition without prejudice, he must inform the Court in writing by no later than January 2, 2026. If he fails to so inform the Court, the Petition will be converted to a § 2254 petition without further order or action by the Court Lastly, the Court further finds that pages 6-8 of the petition appear wholly unrelated to Petitioners state sentence, and instead seek relief in connection with Petitioners detention as an immigration detainee by ICE. See, e.g., Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). If Petitioner seeks to pursue the claims he raises against ICE, he must file a separate action with the Court. Therefore, the Clerk of Court is directed to send Petitioner a copy of this order, a copy of the original petition, and blank prisoner complaint and IFP forms. Signed by Hon. Meredith A. Vacca on 11/21/2025. (TF)This was mailed to: Petitioner. (Entered: 11/21/2025)