UNITED STATES DISTRICT COURT oe -UMENT SOUTHERN DISTRICT OF NEW YORK || ELECTRONICALLY FILED |

MILTON SAMUELS, pate rine: /28/enzo| Plaintiff, -v- No. 20-cv-510 (RJS) UNITED STATES OF AMERICA, Defendant. ORDER UNITED STATES OF AMERICA -v- MILTON SAMUELS, No. 08-cr-789-6 (RJS) Defendant.

RICHARD J. SULLIVAN, Circuit Judge: Milton Samuels, currently incarcerated in the Federal Correction Institution in Fort Dix, New Jersey, brings this pro se submission, which is styled as a “Request for Inquiry into Involuntary Servitude For Violation of Section(1) of the 13th Amendment.” Specifically, Samuels requests that the Court “conduct a full inquiry or examination into the investigation and prosecution of [his] case for the possibility of violations of federal rules of law and constitutional guarantees.” Samuels cites no authority granting this Court the power to conduct a freestanding inquiry into the investigation and prosecution of his long-closed criminal case. Accordingly, Samuels’s motion is DENIED.

To the extent that Samuels wishes to challenge his conviction and sentence, the proper vehicle is a

motion. However, Samuels already challenged his conviction and sentence by filing a § 2255 motion. The Court denied that motion on the merits, and the Second Circuit dismissed the appeal of that denial. See McClean v. United States, Nos. 12-cv-1954, 12- cv-7362, 12-cv-7559, 08-cr-789,

(S.D.N.Y. July 13, 2016), appeal dismissed, No. 16-3023 (2d Cir. Nov. 30, 2016). Therefore, to file a second or successive § 2255 motion in this Court, Samuels must receive authorization from the United States Court of Appeals for the Second Circuit by filing a request directly to that court.

(b)(3)(A), 2255(h). Accordingly, IT IS HEREBY ORDERED THAT Samuels’s motion is DENIED. Because the motion makes no substantial showing of a denial of a constitutional right, the Court will not issue a certificate of appealability. See

(c)(2); see also Love v. McCray,

(2d Cir. 2005). Furthermore, the Court certifies, pursuant to

(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States,

(1962). The Clerk of Court is respectfully directed to mail a copy of this order to Samuels, to note service on the docket in both cases, and to close case No. 20-cv-510 (RJS), SO ORDERED. Dated: January 28, 2020 New York, New York we SULLIVAN UNITED STATES CIRCUIT JUDGE Sitting by Designation