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Holland v. Dukes

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


December 29, 2005

RICHARD HOLLAND, PETITIONER,
v.
DEP. DUKES, ACTING SUPERINTENDENT, RESPONDENT.

The opinion of the court was delivered by: Hurley, District Judge

ORDER

Petitioner Richard Holland ("Petitioner") brings this petition challenging his custody pursuant to a judgment of conviction entered on March 19, 2001, before the County Court, Suffolk County. As set forth below, the Court cannot consider the instant petition and transfers it to the United States Court of Appeals for the Second Circuit.

By Memorandum of Decision and Order dated October 26, 2005, the Court denied Petitioner's prior petition under 28 U.S.C. § 2254 challenging the same conviction. The Antiterrorism and Effective Death Penalty Act of 1996 "allocates jurisdiction to the courts of appeals, not the district courts, to authorize successive habeas motions or applications." Torres v. Senkowski, 316 F.3d 147, 151 (2d Cir. 2003); 28 U.S.C. § 2244(b)(3)(A). Therefore, Petitioner must move in the United States Court of Appeals for the Second Circuit for permission to pursue this successive petition for habeas corpus relief. Id.

Accordingly, in the interest of justice, the Clerk of Court shall transfer this petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. This order closes this case. If the Circuit authorizes Petitioner to proceed in this matter, Petitioner shall move to reopen under this docket number.

SO ORDERED.

Denis R. Hurley, United States District Judge

20051229

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