Ford v. Smith

Filing 84

TRANSFER ORDER: The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. In the interest of justice, the Court transfers Petitioner's motion (ECF 80) to the United States Court of Appeals for the Second Circuit as a second or successive§ 2254 petition. See§ 1631; Liriano, 95 F.3d at 122-23. If the Court of Appeals authorizes Petitioner to proceed in this matter, he shall move to reopen this action under docket number 7:12-CV-8 993 (VB). Because Petitioner has not made a substantial showing of the 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 an y 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 Vincent L. Briccetti on 2/12/2021) (jca) Transmission to Appeals Clerk.

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