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HERRERA-GOMEZ v. U.S., 05 Cr. 495 (JGK) (2014)

Court: District Court, S.D. New York Number: infdco20140428d19 Visitors: 14
Filed: Mar. 31, 2014
Latest Update: Mar. 31, 2014
Summary: MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge. The Court has received the attached correspondence from the petitioner, Juan Carlos Herrera-Gomez, in which the petitioner seeks a Certificate of Appealability to file a second or successive habeas petition pursuant to 28 U.S.C. 2255. In his correspondence, the petitioner has attached a financial statement that contains personal financial information and is therefore filed under seal. To the extent that the petitioner's motion req
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MEMORANDUM OPINION AND ORDER

JOHN G. KOELTL, District Judge.

The Court has received the attached correspondence from the petitioner, Juan Carlos Herrera-Gomez, in which the petitioner seeks a Certificate of Appealability to file a second or successive habeas petition pursuant to 28 U.S.C. § 2255. In his correspondence, the petitioner has attached a financial statement that contains personal financial information and is therefore filed under seal.

To the extent that the petitioner's motion requests a Certificate of Appealability to appeal the denial of his initial habeas petition, filed August 18, 2008 and denied in the Court's Memorandum Opinion and Order dated November 25, 2009, the petitioner's request is denied. The Court declined to issue a Certificate of Appealability in its opinion of November 25, 2009 because the petitioner had failed to make a substantial showing of the denial of a constitutional right, and the petitioner has not proffered any additional basis in support of the required substantial showing.

To the extent that the petitioner requests a Certificate of Appealability in order to file a second and successive habeas petition pursuant to 28 U.S.C. § 2255, his request is denied, because the petitioner's request to file a second and successive habeas petition is properly made to the Court of Appeals for the Second Circuit. See 28 U.S.C. § 2255(h); see also, e.g., Ortiz v. New York, 75 F. App'x 14, 17 (2d Cir. 2003) (summary order). The petitioner should submit his request to file a second and successive motion under 28 U.S.C. § 2255 to the Court of Appeals for the Second Circuit. In petitioning the Court of Appeals for leave to file a second and successive habeas petition, the petitioner should explain the basis for his application, with specific reference to the factors provided in 28 U.S.C. § 2255(h), a copy of which is attached to this Order.

SO ORDERED.

Source:  Leagle

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