Miles v. United States of America

Miles v. United States of America

Petitioner:	Michelle Miles
Respondent:	United States of America
Case Number:	1:2013cv05302
Filed:	September 18, 2013
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Eric N. Vitaliano
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
October 16, 2013	Filing 2 MEMORANDUM & ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION. Since petitioner has already filed a prior motion under 28 U.S.C. § 2255 challenging the very same conviction, the Court is without authority to consider the instant applicat ion. In the interest of justice, the Clerk of Court shall transfer this petition to the Clerk of Court for the United States Court of Appeals for the Second Circuit, pursuant to 28 U.S.C. § 1631. The Clerk of Court is further directed to close this case for administrativepurposes. SO ORDERED by Judge Eric N. Vitaliano, on 10/10/2013. C/mailed to pro se Petitioner. (This Order has been forwarded to Appeals Department.) (Latka-Mucha, Wieslawa)

Date Filed

Document Text

October 16, 2013

Filing 2 MEMORANDUM & ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION. Since petitioner has already filed a prior motion under 28 U.S.C. § 2255 challenging the very same conviction, the Court is without authority to consider the instant applicat ion. In the interest of justice, the Clerk of Court shall transfer this petition to the Clerk of Court for the United States Court of Appeals for the Second Circuit, pursuant to 28 U.S.C. § 1631. The Clerk of Court is further directed to close this case for administrativepurposes. SO ORDERED by Judge Eric N. Vitaliano, on 10/10/2013. C/mailed to pro se Petitioner. (This Order has been forwarded to Appeals Department.) (Latka-Mucha, Wieslawa)

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Respondent: United States of America
Represented By:	Seth David DuCharme
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Petitioner: Michelle Miles
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