Opinion
1:22-CV-5608 (LTS)
07-14-2022
JESUS MOJICA, Petitioner, v. FEDERAL BUREAU OF PRISONS, Respondent.
ORDER OF DISMISSAL
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE:
Petitioner, who is appearing pro se, brings this petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court denies this petition without prejudice for the following reasons.
Petitioner has previously submitted to this court a substantially similar Section 2241 petition asserting the same claims for habeas corpus relief that are asserted in the present petition. That previously filed action is pending before the Court under docket number 1:22-CV-5526 (LTS). As the present petition raises the same claims for habeas corpus relief, no useful purpose would be served by litigating this action. The Court therefore denies the present petition without prejudice as duplicative of the pending action under docket number 1:22-CV-5526 (LTS).
CONCLUSION
The Court denies the present petition for a writ of habeas corpus without prejudice as duplicative of the pending action under docket number 1:22-CV-5526 (LTS).
Because the present petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253.
The Court certifies, pursuant to 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. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.