Deas v. USA

Filing 58

ORDER of Transfer to the USCA - Successive Petition. Deas has filed another motion for relief from judgment, Doc. No. 55 , which again attempts to collaterally attack his conviction and sentence. Because Deas already has made several such motions un der section 2255, I lack jurisdiction to consider his present motion unless the Second Circuit grants leave to file a successive petition. Therefore, I order Deas's motion transferred to the United States Court of Appeals for the Second Circuit. Signed by Judge Stefan R. Underhill on 06/15/2017. (Jamieson, K)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

VIDA DEAS,
Petitioner,

No. 3:12-cv-00275 (SRU)

v.
UNITED STATES OF AMERICA,
Respondent.
ORDER OF TRANSFER TO THE COURT OF APPEALS
In April 2012, petitioner Vida Deas filed an amended motion to vacate his sentence
pursuant to 28 U.S.C. § 2255. Doc. No. 9. I denied the motion in August 2014. Doc. No. 33.
Deas filed a motion for reconsideration and a motion for relief under Rule 60, see Docs. Nos. 36
& 38, both of which I denied. Doc. No. 39. Deas then filed another motion under Rule 60, see
Doc. No. 40, which I also denied. Doc. No. 41. Deas appealed my orders denying his motions,
see Doc. No. 42, and in December 2015, the Second Circuit issued a mandate denying a
certificate of appealability and dismissing Deas’s appeal. Doc. No. 45.
Deas filed another motion for relief from judgment, see Doc. No. 46, which I transferred
to the Second Circuit as a successive petition under section 2255. Docs. Nos. 47 & 51. Deas
appealed my transfer order, and in May 2015, the Second Circuit issued a mandate dismissing
Deas’s appeal and denying leave to file a successive petition. Before the Second Circuit issued
its mandate, however, Deas filed another motion for relief from judgment, see Doc. No. 52,
which I transferred to the Second Circuit. Doc. No. 53. On June 12, 2017, the Second Circuit
issued another mandate denying leave to file a successive petition. Doc. No. 57.
Deas now has filed yet another motion for relief from judgment, which again attempts to
collaterally attack his conviction and sentence. Doc. No. 55. Because Deas already has made

several such motions under section 2255, I lack jurisdiction to consider his present motion unless
the Second Circuit grants leave to file a successive petition. Therefore, I order Deas’s motion
transferred to the United States Court of Appeals for the Second Circuit.

So ordered.
Dated at Bridgeport, Connecticut, this 15th day of June 2017.

/s/ STEFAN R. UNDERHILL
Stefan R. Underhill
United States District Judge

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