Curtis v. Billingsey

Curtis v. Billingsey

Petitioner:	Melvin Curtis
Respondent:	T. Billingsey
Case Number:	1:2012cv04906
Filed:	October 2, 2012
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Dora Lizette Irizarry
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By:	None

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Date Filed	Document Text
March 31, 2016	Filing 9 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS IN PART AND TRANSFERRING TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK -- Petitioner's request for relief based on ineffective assistance of counsel is denied and he is also denied a certificate of appealability with respect to this claim as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see FED. R. APP. P. 22(b); Miller-El v. Cockrell, 53 7 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this portion of the Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). As this Court lacks subject matter jurisdiction over Petitioner's § 2241 claims against the Bureau of Prisons, due to his current incarceration at FCI Otisville, the Clerk of Court is directed to TRANSFER this case to the U.S. District Court for the Southern District of New York, pursuant to 28 U.S.C. §§ 1406(a), 2241(a). Th is Court takes no position as to the merits of this claim. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is waived. The Clerk of the Court is directed to mail a copy of the Attached Written Memorandum and Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 4/1/2016.. Ordered by Judge Dora Lizette Irizarry on 3/31/2016. (Irizarry, Dora)

Date Filed

Document Text

March 31, 2016

Filing 9 ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS IN PART AND TRANSFERRING TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK -- Petitioner's request for relief based on ineffective assistance of counsel is denied and he is also denied a certificate of appealability with respect to this claim as he fails to make a "substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2); see FED. R. APP. P. 22(b); Miller-El v. Cockrell, 53 7 U.S. 322, 336 (2003); Lucidore v. New York State Div. of Parole, 209 F. 3d 107, 112 (2d Cir. 2000). The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this portion of the Order would not be taken in good faith, and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). As this Court lacks subject matter jurisdiction over Petitioner's § 2241 claims against the Bureau of Prisons, due to his current incarceration at FCI Otisville, the Clerk of Court is directed to TRANSFER this case to the U.S. District Court for the Southern District of New York, pursuant to 28 U.S.C. §§ 1406(a), 2241(a). Th is Court takes no position as to the merits of this claim. That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is waived. The Clerk of the Court is directed to mail a copy of the Attached Written Memorandum and Order to pro se petitioner and to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 4/1/2016.. Ordered by Judge Dora Lizette Irizarry on 3/31/2016. (Irizarry, Dora)

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Respondent: T. Billingsey
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Petitioner: Melvin Curtis
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