Andrews v. United States

Background

Shateek Andrews, who is incarcerated and proceeding without a lawyer, filed a motion under 28 U.S.C. § 2255 challenging the judgment of conviction in his criminal case. The opinion states that he had previously filed a motion under the same statute challenging that judgment, and that the earlier motion was decided on its merits.

Reasoning

Because the earlier motion was decided on the merits, the court treated Andrews’s new application as a second or successive motion. Federal law requires a person to obtain authorization from the appropriate federal appeals court before filing such a motion in the district court. The opinion states that Andrews therefore had to seek permission from the United States Court of Appeals for the Second Circuit. It also notes that he had previously been denied permission to file a second or successive motion.

Ruling

Judge Loretta A. Preska transferred the motion to the Second Circuit in the interest of justice under 28 U.S.C. § 1631 and stated that the district-court case was closed. If the appeals court authorizes Andrews to proceed, he may ask the district court to reopen the case under the civil docket number. The court also stated that a certificate of appealability would not issue because the motion made no substantial showing that a constitutional right had been denied. It certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees.

Practical effect stated in the order

The district court did not decide the substance of Andrews’s challenge to his conviction. The motion was transferred to the Second Circuit, where Andrews must seek authorization to pursue it. The opinion states that authorization requires a showing based on newly discovered evidence or a new constitutional rule made retroactive by the Supreme Court.