Geronimo v. United States of America

Filing 12

MEMORANDUM AND ORDER: Accordingly, the Clerk of Court is directed to terminate docket entry 27 in the case docketed as 11-CV-1121, and docket entry 11 in the case docketed as 14-CV-2221. To the extent Geronimo seeks to file papers related to his a ppeal, he is advised that he must do so with the Court of Appeals for the Second Circuit, not the District Court for the Eastern District of New York, and must use the Second Circuit docket numbers related to his case (14-3960, 14-3972). Ordered by Chief Judge Carol Bagley Amon on 11/24/2014. c/m to pro se Petitioner (Fernandez, Erica)

FILED
IN CLERK'S OFFICE
U.S. Dlf:TRICT COURT E.D.N.Y.

*

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

NOV 2 4 2014

*

BROOKLYN OFFICE

------------------------------------------------------------------x:
ESTEBAN GERONIMO,
NOT FOR PUBLICATION
MEMORANDUM & ORDER
l 1-CV-1121(CBA)

Petitioner,
- against WARDEN R. RUSHING,
Respondent.

--------------------------------------------------------------------x:
ESTEBAN GERONIMO,
Petitioner,
14-CV-2221(CBA)
- against UNITED STATES,
Respondent.

--------------------------------------------------------------------x:

AMON, Chief United States District Judge.

On April 29, 2011, Esteban Geronimo, proceeding pro se, filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2255 seeking to vacate his federal conviction of
conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine.
Geronimo subsequently filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The Court denied both petitions in a Memorandum and Order dated September 17, 2014.
Geronimo's appeal from this Memorandum and Order is currently pending before the Court of
Appeals for the Second Circuit.
On November 13, 2014 Geronimo filed a document titled "Contra Motion of Petitioner
Geronimo Against Government Response," in which Geronimo appears to further argue the
merits of his habeas petitions that were denied on September 17, 2014. This Court, however,

1

Jacks jurisdiction over the case in light of the appeal currently pending before the Second Circuit.
See Ching v. United States, 298 F.3d 174, 180 n.5 (2d Cir. 2002) (stating that "[t]he filing of the
notice of appeal divested the district court of jurisdiction over [petitioner's] original§ 2255
motion." (citing Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) ("The filing of
a notice of appeal is an event of jurisdictional significance-it confers jurisdiction on the court of
appeals and divests the district court of its control over those aspects of the case involved in the
appeal."))). Accordingly, the Clerk of Court is directed to terminate docket entry 27 in the case
docketed as I l-CV-1121, and docket entry 11 in the case docketed as 14-CV-2221.
To the extent Geronimo seeks to file papers related to his appeal, he is advised that he
must do so with the Court of Appeals for the Second Circuit, not the District Court for the
Eastern District of New York, and must use the Second Circuit docket numbers related to his
case (14-3960, 14-3972).
SO ORDERED.
Dated: November_24, 2014
Brooklyn, NY .

s/Carol Bagley Amon
Carol Bagley'Amo61 I
Chief United States District Judge

2