Alston v. Epke

Alston v. Epke

Petitioner:	Jesse Alston
Respondent:	Epke Epke
Case Number:	1:2010cv04461
Filed:	September 24, 2010
Court:	U.S. District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Allyne R. Ross
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
October 4, 2010	Filing 3 MEMORANDUM AND ORDER [TRANSFERRING CASE AS SUCCESSIVE PETITION]. As this is petitioner's second Petition for a Writ of Habeas Corpus challenging the same conviction, this Court lacks jurisdiction to address it. Accordingly, the instant 1 Petit ion for a Writ of Habeas Corpus is transferred to the United States Court of Appeals for the Second Circuit. This Order closes this case. If the Second Circuit authorizes petitioner to proceed in this matter, petitioner shall move to reopen this case under this docket number. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 10/4/2010) C/mailed by Chambers. (Forwarded to Appeals Section) (Latka-Mucha, Wieslawa)

Date Filed

Document Text

October 4, 2010

Filing 3 MEMORANDUM AND ORDER [TRANSFERRING CASE AS SUCCESSIVE PETITION]. As this is petitioner's second Petition for a Writ of Habeas Corpus challenging the same conviction, this Court lacks jurisdiction to address it. Accordingly, the instant 1 Petit ion for a Writ of Habeas Corpus is transferred to the United States Court of Appeals for the Second Circuit. This Order closes this case. If the Second Circuit authorizes petitioner to proceed in this matter, petitioner shall move to reopen this case under this docket number. SO ORDERED. (Ordered by Judge Allyne R. Ross, on 10/4/2010) C/mailed by Chambers. (Forwarded to Appeals Section) (Latka-Mucha, Wieslawa)

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Petitioner: Jesse Alston
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Respondent: Epke Epke
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