Holland v. Sticht

Filing 4

ORDER granting 2 Motion for Leave to Proceed in forma pauperis and transferring petition to the Second Circuit: For the reasons set forth in the attached Order, the Clerk is respectfully directed to transfer this petition, in the interests of justice, to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. Ordered by Judge John Gleeson on 12/22/2014. (Ross, Peter)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CLAUDE HOLLAND,
Petitioner,
-against-

ORDER
14-CV-7325 (JG)

THOMAS STICHT,
Respondent.
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JOHN GLEESON, United States District Judge
On December 11, 2014, petitioner Claude Holland, currently incarcerated at Gowanda
Correctional Facility, filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. §
2254 challenging his January 15, 1988 Queens County conviction. Petitioner’s request to proceed
in forma pauperis is granted. As set forth below, I cannot consider the instant petition and transfer
it to the United States Court of Appeals for the Second Circuit.
Petitioner has previously challenged his January 15, 1988 conviction. See
Holland v. Lempke, No. 13-CV-4989 (JG) (order dated Sept. 11, 2013, transferring petition to the
Second Circuit as second or successive. Petitioner’s application to file a second or successive
petition was denied by Mandate, No. 13-3419 (2d Cir. Nov. 26, 2013)); Holland v. Irvin, No. 97-CV3889 (JG) (petition denied Sept. 22, 1998. Dismissal affirmed by Mandate, No. 98-3728 (2d Cir.
Oct. 2, 2002)).
The Antiterrorism and Effective Death Penalty Act of 1996 “allocates jurisdiction to
the courts of appeals, not the district courts, to authorize successive habeas motions or applications.”
Torres v. Senkowski, 316 F.3d 147, 151 (2d Cir. 2003); 28 U.S.C. § 2244(b)(3)(A). Therefore,
petitioner must seek the approval of the United States Court of Appeals for the Second Circuit to
pursue this successive petition for habeas corpus relief. 28 U.S.C. § 2244(b)(3)(A).

Accordingly, in the interest of justice, the Clerk of Court shall transfer this petition
to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. § 1631. Torres,
316 F.3d at 151-52 (citing Liriano v. United States, 95 F.3d 119 (2d Cir. 1996) (per curiam)). This
order closes this case. If the Second Circuit authorizes petitioner to proceed in this matter, petitioner
shall move to reopen under this docket number.
SO ORDERED.

JOHN GLEESON, U.S.D.J.
Dated: December 22, 2014
Brooklyn, New York

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