Patel v. Cunningham

Patel v. Cunningham

Petitioner:	Vinod Patel
Respondent:	Robert Cunningham
Case Number:	1:2015cv03687
Filed:	June 23, 2015
Court:	US District Court for the Eastern District of New York
Office:	Brooklyn Office
Presiding Judge:	Carol Bagley Amon
Presiding Judge:	Lois Bloom
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 5, 2015	Filing 4 MEMORANDUM & ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION. On 6/22/2015, petitioner Vinod Patel, proceeding pro se, filed this 1 Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254. Petitioner has previously sought a writ of habeas corpus in this Court under 28 U.S.C. § 2254 challenging the same Queens County conviction. This Court dismissed Patel's earlier petition as time barred. His new petition is therefore a second or successive petitio n and requires Second Circuit authorization before this Court may consider it. The Clerk of the Court shall transfer this petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. Upon transfer of thi s petition, the Clerk of the Court is respectfully requested to close this case. If the Second Circuit authorizes petitioner to proceed in this matter, petitioner shall move to reopen under this docket number. The Clerk of the Court is also respec tfully requested to serve a copy of this Memorandum and Order on petitioner and to make a notation of the service in the docket. SO ORDERED by Chief Judge Carol Bagley Amon, on 8/5/2015. C/mailed to pro se Petitioner. (Forwarded to Appeals Section.) (Latka-Mucha, Wieslawa)

Date Filed

Document Text

August 5, 2015

Filing 4 MEMORANDUM & ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION. On 6/22/2015, petitioner Vinod Patel, proceeding pro se, filed this 1 Petition for a Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254. Petitioner has previously sought a writ of habeas corpus in this Court under 28 U.S.C. § 2254 challenging the same Queens County conviction. This Court dismissed Patel's earlier petition as time barred. His new petition is therefore a second or successive petitio n and requires Second Circuit authorization before this Court may consider it. The Clerk of the Court shall transfer this petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. Upon transfer of thi s petition, the Clerk of the Court is respectfully requested to close this case. If the Second Circuit authorizes petitioner to proceed in this matter, petitioner shall move to reopen under this docket number. The Clerk of the Court is also respec tfully requested to serve a copy of this Memorandum and Order on petitioner and to make a notation of the service in the docket. SO ORDERED by Chief Judge Carol Bagley Amon, on 8/5/2015. C/mailed to pro se Petitioner. (Forwarded to Appeals Section.) (Latka-Mucha, Wieslawa)

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Respondent: Robert Cunningham
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Petitioner: Vinod Patel
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