Stapleton v. Kickbush

Filing 5

MEMORANDUM AND ORDER: The Clerk of Court shall transfer this petition to the United States Court of Appeals for the Second Circuit. Ordered by Judge Ann M. Donnelly on 9/26/2016. (Greene, Donna)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-X

NOT FOR PUBLICATION

CESAR STAPLETON,
Petitioner,

MEMORANDUM

-against-

AND ORDER

FILED
c^n'j^omcE

16-CV-5004(AMD)
S. KICKBUSH,

US DISTRICT COURT E.D.N.Y.

5 SEP 2 6 2016

Respondent.

6

-X

ANN M.DONNELLY,United States District Judge:

BROOKLYN OFFICE

On September 7, 2016,the petitioner, Cesar Stapleton, appearing pro se, filed this petition
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his 1991 Kings County
conviction for two counts of assault. On September 13, 2016, the petitioner paid the filing fee to
commence this action. As set forth below, I do not have jurisdiction to consider the petition,
because it is the petitioner's second habeas challenge to the same conviction. Accordingly, the
Clerk ofCourt is respectfully directed to transfer the petition to the United States Court of Appeals
for the Second Circuit.

The petitioner previously challenged this conviction by filing a petition for a writ ofhabeas

corpus pursuant to 28 U.S.C. § 2254. See Stapleton v. Greiner, No. 98-CV-1971 (RR)(Docket
Entry No. 2.) By Memorandum and Order dated December 20,2000,the Honorable Reena Raggi

denied the petition on the merits. {See Docket 98-CR-1971, Docket Entry No. 51.) On
June 20,2001,the United States Court ofAppeals for the Second Circuit dismissed the petitioner's

appeal. {See Docket 98-CV-1971, Docket Entry No. 65, Mandate No.01-2063.)
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).

s/Ann M. Donnelly