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Huffman v. U.S.

United States District Court, W.D. New York
Jul 9, 2005
05-CV-0370S, 91-CR-0015S (W.D.N.Y. Jul. 9, 2005)

Opinion

05-CV-0370S, 91-CR-0015S.

July 9, 2005


DECISION and ORDER


On June 1, 2005, petitioner, Loral Richard Huffman, an inmate of a federal correctional facility, filed a pro se motion under 28 U.S.C. § 2255 to vacate, set aside or correct a sentence by a person in federal custody with respect to the judgment of conviction entered on May 5, 1992. This is petitioner's second or successive petition with respect to the same judgment of conviction, which was decided under the criminal docket number 91-CR-0015S. Petitioner's previous § 2255 motion was filed under civil number 94-CV-0863S.

According to 28 U.S.C. § 2255, "a second or successive motion must be certified as provided in § 2244 by a panel of the appropriate court of appeals." The petitioner's motion has not been so certified. Therefore, in the interests of justice and pursuant to 28 U.S.C. § 1631, this motion shall be transferred to the Second Circuit Court of Appeals for a determination of the certification issue. Liriano v. United States of America, 95 F.3d 119 (1996).

IT HEREBY IS ORDERED, that the petitioner's § 2255 motion is transferred to the Second Circuit Court of Appeals.

SO ORDERED.


Summaries of

Huffman v. U.S.

United States District Court, W.D. New York
Jul 9, 2005
05-CV-0370S, 91-CR-0015S (W.D.N.Y. Jul. 9, 2005)
Case details for

Huffman v. U.S.

Case Details

Full title:LORAL RICHARD HUFFMAN, 99-B-0070, Petitioner, v. UNITED STATES OF AMERICA…

Court:United States District Court, W.D. New York

Date published: Jul 9, 2005

Citations

05-CV-0370S, 91-CR-0015S (W.D.N.Y. Jul. 9, 2005)