The opinion
[uscso SY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK | DOC #: _.. □□
NOEL BROWN,
Petitioner, 22-CV-06371 (PAE) (VF)
-against- ORDER
STATE OF NEW YORK,
Respondent.
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VALERIE FIGUEREDO, United States Magistrate Judge:
On July 25, 2022, Petitioner Noel Brown filed a habeas petition pursuant to 28 U.S.C.
2254. ECF No. 1 at 15. On April 4, 2023, and October 6, 2023, Petitioner filed motions to vacate
his sentence. ECF Nos. 31, 37. The Court will construe Petitioner’s motions to vacate his
sentence as supplemental briefings to his habeas petition. See United States v. Rodriguez, No.
96-CR-969 (SHS), 2021 WL 3667892, at *3 n.1 (S.D.N.Y. Aug. 18, 2021) (construing two
motions filed by defendants as supplements to their previous motions for habeas corpus relief);
see also Santiago-Ortiz v. United States, No. 21-CV-9209 (LAK), 17-CR-149 (LAK), 2023 WL
3740228 (S.D.N.Y. May 31, 2023) (“the Court construes movant’s request to file a new
memorandum of law in support of his [habeas petition] as a motion for leave to amend or
supplement his original [petition].”). As such, the motions will be decided with Petitioner’s
habeas petition.
The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 31 and
37.
SO ORDERED.
DATED: January 29, 2024 □□
New York, New York \\ VJ
□□
VALERIE FIGUEREDO
United States Magistrate Judge