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Montgomery v. Artus

United States District Court, W.D. New York

June 16, 2014

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

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 Circuit Court of Appeals.

IT IS SO ORDERED.


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