United States Second Circuit

Habeas petitioner need not apply for permission to file a second, "successive" petition under 28 USC 2244(b)(3)(A) & 2255 where the first habeas petition was incorrectly dismissed as untimely.

Appellate Information

• Decided 01/02/2001
• Published 01/02/2001

Judges

• PER CURIAM:, Before:  CABRANES, PARKER, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Randolph Z. Volkell, North Bellmore, NY, by appointment of the Court, for Petitioner.


• For Appellees:
  
• Christine Chi, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York, on the brief), New York, NY, for Respondent.