Sutton v. Davids ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION T.J. SUTTON, Petitioner, Case No. 22-12108 Honorable Linda V. Parker v. JOHN DAVIDS, Respondent. / ORDER TRANSFERRING CASE TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT T.J. Sutton (“Petitioner”) has filed a pro se petition for a second or successive writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 1.) Following a jury trial in the Wayne County Circuit Court, Petitioner challenges his 2003 convictions for the following counts: armed robbery under Mich. Comp. Laws § 750.529, felon in possession of a firearm under Mich. Comp. Laws § 750.224f, and possession of a firearm during the commission of a felony, second offense under Mich. Comp. Laws § 750.227b. Petitioner acknowledges in the title of his pleading that this is a successive petition for a writ of habeas corpus. The Court must therefore transfer his current petition to the United States Court of Appeals for the Sixth Circuit. Petitioner previously filed a federal habeas petition challenging the same convictions at issue in this case. The petition was denied on the merits and dismissed with prejudice. See Sutton v. Rapelje, No. 2:09-CV-10616, 2012 WL 642559, at *1 (E.D. Mich. Feb. 28, 2012) (Edmunds, J.), aff’d, No. 12-1433 (6th Cir. Dec. 31, 2012). Before filling a habeas petition challenging a conviction previously challenged in a prior habeas petition, the petitioner must “move in the appropriate court of appeals for an order authorizing the district court to consider the application.” 28 U.S.C. § 2244(b)(3)(A). Federal district courts lack jurisdiction to consider successive habeas petitions absent preauthorization from the court of appeals. See Franklin v. Jenkins, 839 F.3d 465, 473 (6th Cir. 2016) (citing 28 U.S.C. § 2244(b)(3)). When a petitioner files a second or successive habeas petition in the district court without preauthorization, the district court must transfer the case to the court of appeals. See 28 U.S.C. § 1631; Sims v. Terbush, 111 F.3d 45, 47 (6th Cir. 1997). The Court finds that Petitioner has not obtained appellate authorization to file a successive habeas petition as required under 28 U.S.C. § 2244(b)(3)(A). Accordingly, IT IS ORDERED, that the Clerk of the Court shall transfer this case to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631 for a determination of whether Petitioner may file a successive petition. IT IS SO ORDERED. s/ Linda V. Parker LINDA V. PARKER U.S. DISTRICT JUDGE Dated: October 19, 2022 I hereby certify that a copy of the foregoing document was mailed to counsel of record and/or pro se parties on this date, October 19, 2022, by electronic and/or U.S. First Class mail. s/Aaron Flanigan Case Manager