Micolo v. USA

Filing 3

TRANSFER ORDER - For the reasons set forth below, the Court transfers the Petition to the Middle District of Florida in the interest of justice pursuant to 28 U.S.C. § 1406(a). The Clerk of the Court is respectfully directed to transfer this cas e to the United State District Court for the Middle District of Florida. The Court makes no finding on the merits of Petitioner's claims. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be t aken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is further directed to mail a copy of this Transfer Order to the pro se Petitioner and to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 2/12/2015. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
MARCUS ANTHONY MICOLO,
Petitioner,
-against-

TRANSFER ORDER
15-CV-0375(JS)

UNITED STATES OF AMERICA,
Respondent.
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APPEARANCES
For Petitioner:
Marcus Anthony Micolo, pro se
03A3985
Five Points Correctional Facility
State Route 96
P.O. Box 119
Romulus, NY 14541
For Respondent:

No appearance.

SEYBERT, District Judge:
On January 16, 2015, petitioner Marcus Anthony Micolo
(“Petitioner”), appearing pro se, filed a Petition seeking a writ
of habeas corpus pursuant to 28 U.S.C. § 2255 challenging his
July 22, 1996 judgment of conviction for bank robbery entered in
the United States District Court for the Middle District of
Florida.

For the reasons set forth below, the Court transfers the

Petition to the Middle District of Florida in the interest of
justice pursuant to 28 U.S.C. § 1406(a).
Pursuant to 28 U.S.C. § 2255(a), a petitioner “may move
the court which imposed sentence to vacate, set aside or correct
the sentence.”

Because Petitioner challenges the validity of his

criminal conviction and sentence, venue is proper in the district

of conviction. “The district court of a district in which is filed
a case laying venue in the wrong division or district shall . . .
in the interest of justice, transfer such case to any district or
division

in

§ 1406(a).

which

it

could

have

been

brought.”

28

U.S.C.

Accordingly, in the interest of justice, the Clerk of

the Court is respectfully directed to transfer this case to the
United State District Court for the Middle District of Florida.
The Court makes no finding on the merits of Petitioner’s claims.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that any appeal from this Order would not be taken in good faith
and therefore in forma pauperis status is DENIED for the purpose of
any appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45,

82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).

The Clerk of the Court is

further directed to mail a copy of this Transfer Order to the pro
se Petitioner and to mark this case CLOSED.

SO ORDERED.

/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated:

February
12 , 2015
Central Islip, New York