· 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 CourtListenerSourced 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.