United States Second Circuit

Plaintiff's motion to file a "second or successive" petition for writ of habeas corpus is dismissed as moot where the petition is not "second or successive" within the meaning of 28 U.S.C. section 2255.

Appellate Information

• Decided 05/19/2005
• Published 05/19/2005

Judges

• LEVAL, Circuit Judge., Before:  WALKER, Chief Judge, LEVAL, Circuit Judge, and DUPLANTIER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Usama Sadik Ahmed Abdel Whab, Pike County Correctional Facility, Lords Valley, PA, Pro Se.


• For Appellees:
  
• Jonathan Leiken, Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, White Plains, NY, for Respondent.