Rivas v. Miller
| Rudi Rivas |
| Mark Miller |
| 2:2021cv07041 |
| December 20, 2021 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on February 7, 2022. A more recent docket listing may be available from PACER.
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| Filing 6 LETTER dated 2/7/2022 from Pro Se Office to Rudi Rivas. The Court is in receipt of your filings received on February 2, 2022 and February 4, 2022. Please note that the above referenced case in this Court is closed. As such, no further filings will be accepted on this case. Please see Judge Azrack's, January 21, 2022, Order (enclosed). Please contact the Pro Se Office if you require further assistance. (Coleman, Laurie) |
Filing 5
ORDER: Petitioner's #4 application to proceed in forma pauperis is GRANTED. However, because the instant Petition is successive within the meaning of Antiterrorism and Effective Death Penalty Act (AEDPA), this Court lacks jurisdiction. Torres v. Senkowski, 316 F.3d 147, 151 (2d Cir. 2003) (The AEDPA allocates jurisdiction to the courts of appeals, not the district courts, to authorize successive habeas motions or applications.) Accordingly, Petitioner must move for authorization to pursue this successive Petition for habeas relief in the United States Court of Appeals for the Second Circuit. Notwithstanding the fact that the United States Court of Appeals for the Second Circuit has already entered a leave-to-file sanction against Petitioner due to his prior pattern of vexatious filings, in the interests of justice, 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. This Order CLOSES this case. If the Second Circuit authorizes Petitioner to proceed in this matter, he shall move to reopen this docket number, 22-CV-7041(JMA). The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is directed to mail a copy of this Order to Petitioner and to mark this case CLOSED. Ordered by Judge Joan M. Azrack on 1/21/2022. (CM to pro se petitioner) (Florio, Lisa)
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| Appeal Record Sent to USCA Successive Habeas Petition sent to US Court of Appeals #5 Order on Motion for Leave to Proceed in forma pauperis, Order Transferring Case (Successive Petition), (Landow, Concetta) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis (Short Form) by Rudi Rivas. (Coleman, Laurie) |
| Filing 3 NOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. The Clerk's Office received your Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2254, and a docket number has been assigned to your submission. The papers are deficient as a filing fee of $5 is required. Alternatively, you may request to proceed in forma pauperis (IFP). An IFP application is enclosed. (Coleman, Laurie) |
| Filing 2 Notice of Related Cases: 95-cv-387-ADS-WDW, 00-cv-2985-ADS, 14-cv-632-SJF, 14-cv-6828-SJF, 15-cv-7011-SJF, 18-cv-5190-JS and 19-cv-5719-JS The Civil Cover Sheet filed in this civil action indicates a related case. (Cox, Dwayne) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Rudi Rivas. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Civil Cover Sheet) (Cox, Dwayne) |
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| Petitioner: Rudi Rivas | |
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| Respondent: Mark Miller | |
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