United States District Court, W.D. New York
DECISION AND ORDER
RICHARD J. ARCARA, District Judge.
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 ...