Perfetto v. Cook

Filing 2

MEMORANDUM AND ORDER [TRANSFERRING CASE AS SUCCESSIVE PETITION]. Petitioner must move in the Second Circuit for permission to pursue this successive petition for habeas corpus relief. Accordingly, in the interest of justice, the Clerk of Cour t shall transfer this petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven day delay is waive d. Upon transfer of this petition, the Clerk of the Court is respectfully requested to close this case. If the Second Circuit authorizes petitioner to proceed in this matter, petitioner shall move to reopen under this docket number. The Clerk of the Court is respectfully requested to serve a copy of this Memorandum and Order on plaintiff and to make a notation of the service in the docket. SO ORDERED. (Ordered by Judge Kiyo A. Matsumoto, on 11/8/2010) C/mailed. (Forwarded to Appeals Section) (Latka-Mucha, Wieslawa)