Encarnacion-Lafontaine v. Warden et al

Filing 4

TRANSFER ORDER: The Court recharacterizes this petition under 28 U.S.C. 2241 as a second or successive motion under 28 U.S.C. 2255. In the interest of justice, the Court transfers this 2255 motion to the United States Court of Appeals for the Second Circuit. See 28 U.S.C. 1631; see also Liriano v. United States, 95 F.3d 119, 122-23 (2d Cir. 1996) (per curiam). This order closes this case in this court. If the Court of Appeals authorizes Encarnacion-Lafontaine to proceed in this matter, he shall move to reopen this case under this civil docket number. As the motion makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. 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 an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/9/2024) (ks) Transmission to Appeals Clerk.

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