UNITED STATES DISTRICT COURT NOT FOR PUBLICATION EASTERN DISTRICT OF NEW YORK
May 7, 2012
LEROY DORSEY, PETITIONER,
STEVEN RACETTE, SUPERINTENDENT, ELMIRA CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
The opinion of the court was delivered by: John Gleeson, United States District Judge:
Leroy Dorsey is currently incarcerated in the Elmira Correctional Facility, pursuant to a judgment of conviction under New York law. By petition filed August 15, 2011 and amended petition filed April 2, 2012, Dorsey seeks a writ of habeas corpus under 28 U.S.C. § 2254. Dorsey has already collaterally attacked his conviction, see Dorsey v. Haponik, No. 05 Civ. 3424, 2007 WL 922251 (E.D.N.Y. Mar. 26, 2007), and the instant petition is thus a "successive" petition governed by 28 U.S.C. § 2244(b)(3). Because Dorsey lacks the requisite authorization by the court of appeals to file a successive petition under this provision, his petition is hereby transferred to the court of appeals. See 28 U.S.C. § 1631; Liriano v. United States, 95 F.3d 119, 123 (2d Cir. 1996). In forma pauperis status is granted solely for the purpose of this Order.
John Gleeson, U.S.D.J.
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