Opinion
17-CR-0438-01 (VEC) 21-CV-9606 (LTS)
11-19-2021
STARLIN NUNEZ, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:
Movant Starlin Nunez pleaded guilty before the Honorable Valerie E. Caproni of this court to racketeering conspiracy, in violation of 18 U.S.C. § 1962. The court sentenced him to a term of imprisonment of 108 months, followed by a three-year term of supervised release. See United States v. Nunez, ECF 1:17-CR-0438-1, 517 (S.D.N.Y. Mar. 25, 2019). Movant did not file a direct appeal.
On November 17, 2021, Movant filed an action pro se, using form AO 242, Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241, and on November 18, 2021, the Clerk of Court opened the submission as a new civil action under docket number 21-CV-9557. In question 10 of the form petition, Movant indicated that he seeks to challenge the validity of his conviction or sentence as a motion under 28 U.S.C. § 2255. (ECF 1:21-CV-9557, 1, at 4.)
On November 19, 2021, due to a clerical error, the Clerk of Court opened the same submission as a second new civil action under docket number 21-CV-9606. Because this submission was previously opened as a new civil action and is currently pending in this court under docket number 21-CV-9557, the Clerk of Court is directed to administratively close this case, 21-CV-9606.
CONCLUSION
The Clerk of Court is directed to administratively close this action, 21-CV-9606. The case under 21-CV-9557 will remain open, and Movant must pursue relief in that case. No further submissions should be filed in this case.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).
The Clerk of Court is directed to mail a copy of this order to Movant and note service on the docket.
SO ORDERED.