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18-709 - Herb v. Smith


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18-709 - Herb v. Smith
April 3, 2018
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MEMORANDUM AND ORDER TRANSFERRING CASE AS SUCCESSIVE PETITION: Herb's 2 request to proceed in forma pauperis is granted. Herb has previously challenged this conviction by filing a petition for a writ of habeas corpus in this court on 7/17/2014. By Order dated 4/25/2017, the court denied the petition. By Mandate issued 2/2/2018, the Second Circuit dismissed Herb's appeal. Therefore, Herb must move in the United States Court of Appeals for the Second Circuit for permission to pursue this successive petition for habeas corpus relief. Accordingly, in the interest of justice, the Clerk of Court shall transfer this petition to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. ยง 1631. This Order closes this case. If the Circuit authorizes Herb to proceed in this matter, he shall move to reopen under this docket number. SO ORDERED by Judge Roslynn R. Mauskopf, on 4/3/2018. C/mailed. (This Court shall be transfers this case to the U.S. Court of Appeals for the Second Circuit.) Forwarded to Appeals Department. (Latka-Mucha, Wieslawa)