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· 1/9/2003

Angelo Torres v. Daniel Senkowski, Superintendent

Citations

  • 316 F.3d 147
  • 2003 U.S. App. LEXIS 3026
  • 2002 WL 31934166

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “the district court should have transferred Torres's application to this Court, rather than deciding it on the merits.”
  • holding that the Second Circuit \ha[s] not yet decided whether applying AEDPA's gatekeeping requirements in these circumstances would create an impermissible retroactive affect\
  • noting that the Circuit has “held that a district court must transfer uncertified successive motions to [the Circuit] pursuant to 28 U.S.C. § 1631, the provision authorizing transfer to cure want of jurisdiction”
  • noting its previous holding that “a district court must transfer uncertified successive motions to this Court pursuant to 28 U.S.C. § 1631”
  • discussing procedures applicable to successive habeas petitions brought under § 2255
  • The AEDPA “allocates jurisdiction to the courts of appeals, not the district courts, to authorize successive habeas motions or applications.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Feinberg, Cardamone, Sack

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.