Castellanos v. United States of America
| Eladio Padilla and Giovanni Castellanos |
| United States of America |
| 1:2020cv02758 |
| April 2, 2020 |
| US District Court for the Southern District of New York |
| Denny Chin |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing 2
ORDER: Accordingly, in the interest of justice, the Court transfers this matter to the United States Court of Appeals for the Second Circuit to decide whether to grant Castellanos leave to file another successive 2255 motion. See 28 U.S.C. 1631; see also Liriano v. United States, 95 F.3d 119, 122-23 (2d Cir. 1996). This order closes this action. If the Court of Appeals authorizes Castellanos to file a successive motion, he shall move to reopen this case under this civil docket number. As the motion makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Denny Chin on 4/7/2020) (rj) Transmission to Appeals Clerk.
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| Non-Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Non-Appeal Electronic Files for #2 Order on Motion to Vacate/Set Aside/Correct Sentence (2255), #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Giovanni Castellanos were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 1:13-cr-00040-DC-1. Document filed by Giovanni Castellanos. (sac) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sac) |
| Case Designated ECF. (sac) |
| CASE ACCEPTED AS RELATED. Create association to 1:13-cr-00040-DC. (sac) |
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