Lewis v. Graham

Filing 39

ORDER: On June 19, 2014, this Court denied Reuben Lewis, a state prisoner proceeding pro se, habeas corpus relief and also denied a certificate of appealability. Docket Nos. 32 at 19, 33 at 1. On June 30, 2014, Lewis timely filed with this Court a notice of appeal. Docket No. 34. At Docket No. 38 , Lewis filed with this Court a motion for a certificate of appealability. Because this Court has already denied Lewis a certificate of appealability, it appears that Lewis inadvertently filed hi s motion with this Court rather than the Court of Appeals. IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to transfer Lewis's Motion for a Certificate of Appealability at Docket No. 38 to the Second Circuit Court of Appeals. Signed by Judge James K. Singleton on 8/1/2014. (ptm) (Copy served on petitioner by regular mail)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK
REUBEN LEWIS,
No. 9:11-cv-00819-JKS
Petitioner,
vs.

ORDER
[Re: Motion at Docket No. 38]

CHRISTOPHER MILLER, Superintendent,
Great Meadow Correctional Facility,
Respondent.

On June 19, 2014, this Court denied Reuben Lewis, a state prisoner proceeding pro se,
habeas corpus relief and also denied a certificate of appealability. Docket Nos. 32 at 19, 33 at 1.
On June 30, 2014, Lewis timely filed with this Court a notice of appeal. Docket No. 34. At
Docket No. 38, Lewis filed with this Court a motion for a certificate of appealability. Because
this Court has already denied Lewis a certificate of appealability, it appears that Lewis
inadvertently filed his motion with this Court rather than the Court of Appeals.
IT IS THEREFORE ORDERED THAT the Clerk of Court is directed to transfer
Lewis’s Motion for a Certificate of Appealability at Docket No. 38 to the Second Circuit Court
of Appeals.
Dated: August 1, 2014.
/s/ James K. Singleton, Jr.
JAMES K. SINGLETON, JR.
Senior United States District Judge