Kearney v. Graham
Filing 41
MEMORANDUM & ORDER [TRANSFERRING CASE AS SUCCESSIVE PETITION]. Kearney now brings a 38 motion for reconsideration pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. The Court treats this application as a second or successive petition. Accordingly, in the interest 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. If the Second Circuit authorizes Kearney to proceed in this m atter, he may move to reopen the proceeding under this docket number. The Clerk of the Court is directed to close this case. SO ORDERED. (Ordered by Judge Carol B. Amon, on 7/29/2010) C/mailed. (Forwarded to Appeals Section) This Court transfers this case to the U.S. Court of Appeals for the Second Circuit. (Latka-Mucha, Wieslawa)
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