Carter v. Dzurenda et al

Filing 29

PRISCS-ORDER of Transfer to the USCA- Successive Petition.. Signed by Judge Janet Bond Arterton on 12/11/2012. (Payton, R.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

ANTHONY CARTER,
Petitioner,

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v.
JAMES DZURENDA and
THERESA LANTZ,
Respondents.

PRISONER
Case No. 3:04cv1691(JBA)

RULING ON MOTION FOR CERTIFICATE OF APPEALABILITY
The petitioner, Anthony Carter, is currently incarcerated at
the Cheshire Correctional Institution in Cheshire, Connecticut.
Carter seeks leave to file a second or successive federal habeas
petition.1
Before a petitioner may bring a “second or successive”
habeas petition, he must “move in the appropriate court of
appeals for an order authorizing the district court to consider
the application.”

28 U.S.C. § 2244(b)(3)(A).

not define “second or successive.”
jurisdictional.

The statute does

This requirement is

See Burton v. Stewart, 549 U.S. 147, 149, 157

(2007) (per curiam).

As a general rule, second or successive

petitions will be dismissed.

There are, however, exceptions that

the Court of Appeals may apply to authorize a second or
successive petition to proceed.

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See 28 U.S.C. § 2244(b)(2).

Carter’s motion was incorrectly docketed as a motion for
certificate of appealability filed by the respondent.

Carter has incorrectly filed his motion for leave to file a
second or successive petition in this court rather than the Court
of Appeals.

The Clerk is directed to transfer the motion to the

Court of Appeals for the Second Circuit to enable that court to
determine whether the petitioner should be permitted to file
another petition in the district court.
It is so ordered.
/s/
Janet Bond Arterton
United States District Judge
Dated at New Haven, Connecticut: December 11, 2012.

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