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Montgomery v. Artus

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Jun 16, 2014
14-CV-0438-A (W.D.N.Y. Jun. 16, 2014)

Opinion

14-CV-0438-A

06-16-2014

MITCHELL MONTGOMERY, Petitioner, v. DALE ARTUS, Superintendent Gowanda, Respondent.


DECISION AND ORDER

On June 6, 2014, petitioner, Mitchell Montgomery, an inmate of a state correctional facility, filed a pro se petition under 28 U.S.C. § 2254 with respect to a judgment of conviction entered on August 6, 1998, in Erie County, New York. This is petitioner's second or successive petition with respect to the same judgment of conviction. Petitioner's previous § 2254 petition was filed in the Western District under civil number 1:03-CV-0270MAT.

According to 28 U.S.C. § 2244, before a district court may entertain a second or successive application for a writ of habeas corpus filed pursuant to § 2254, the petitioner must have first requested and obtained an order from the appropriate court of appeals which authorizes the filing of such a second or successive petition. The petition herein has not been so authorized. Therefore, in the interests of justice and pursuant to 28 U.S.C. § 1631, this petition shall be transferred to the Second Circuit Court of Appeals for a determination of the authorization issue. See Liriano v. United States of America, 95 F.3d 119 (1996).

IT HEREBY IS ORDERED, that the petitioner's § 2254 petition is transferred to the Second Circuit Court of Appeals.

IT IS SO ORDERED.

__________

HONORABLE RICHARD J. ARCARA

UNITED STATES DISTRICT JUDGE


Summaries of

Montgomery v. Artus

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Jun 16, 2014
14-CV-0438-A (W.D.N.Y. Jun. 16, 2014)
Case details for

Montgomery v. Artus

Case Details

Full title:MITCHELL MONTGOMERY, Petitioner, v. DALE ARTUS, Superintendent Gowanda…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Jun 16, 2014

Citations

14-CV-0438-A (W.D.N.Y. Jun. 16, 2014)