Warren v. United States of America
Case Number: 7:2024cv05011
Filed: July 9, 2024
Court: US District Court for the Southern District of New York
Office: White Plains Office
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed Document Text
July 9, 2024 Opinion or Order Filing 2 TRANSFER ORDER: The Court directs the Clerk of Court to transfer this matter, which the Court construes as a second or successive Section 2255 motion, to the United States Court of Appeals for the Second Circuit. See § 1631; Liriano, 95 F.3d at 122-23. This order closes this matter. Because the present 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that "a defendant's good faith in [a criminal] case [is] demonstrated when he seeks appellate review of any issue not frivolous"). SO ORDERED. (Signed by Judge Cathy Seibel on 7/9/2024) (ks) Transmission to Appeals Clerk. Modified on 7/9/2024 (ks).
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