UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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THE UNITED STATES OF AMERICA,

ORDER - against – 24 Civ. 5824 (NRB) ROBERT HERTULAR, 04 Cr. 009 (NRB)

Defendant.

------------------------------X NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE

WHEREAS, on July 22, 2024, Robert Hertular (“defendant”) filed this motion seeking to vacate his judgment of conviction and sentence pursuant to

. ECF No. 101; WHEREAS, defendant has previously filed a motion pursuant to § 2255 challenging his judgment of conviction and sentence, which this Court denied on the merits. ECF No. 84; WHEREAS, defendant’s present motion constitutes a “second or successive” application. See Corrao v. U.S.,

(2d Cir. 1998); WHEREAS, before defendant may file a second or successive § 2255 motion in a district court, authorization from the appropriate court of appeals is required. See

(b)(3)(A), 2255(h); WHEREAS, defendant has not indicated that he has received authorization from a court of appeals to file this second or successive § 2255 motion; it is hereby ORDERED that because such § 2255 motions should be transferred to the appropriate court of appeals, Liriano v. United States,

(2d Cir. 1996), in the interest of justice, the Court transfers this second or successive § 2255 motion to the United States Court of Appeals for the Second Circuit, see

.

Dated: August 13, 2024 New York, New York

____________________________ NAOMI REICE BUCHWALD UNITED STATES DISTRICT JUDGE

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