Simmons v. Washington ( 2024 )


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  • UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LATAUSHA SIMMONS, Petitioner, Civil No. 2:24-CV-11454 HONORABLE DENISE PAGE HOOD v. UNITED STATES DISTRICT JUDGE RAPHAEL WASHINGTON, et al., Respondents, ___________________________________/ ORDER DIRECTING THE CLERK OF THE COURT TO TRANSFER THE MOTION FOR CERTIFICATE OF APPEALABILITY (ECF No. 10) TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Latausha Simmons (“Petitioner”) filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This Court denied the petition for writ of habeas corpus, declined to issue a certificate of appealability, but granted petitioner leave to appeal in forma pauperis. (ECF No. 6). Petitioner filed a Notice of Appeal. (ECF No. 8). Petitioner also filed a motion for a certificate of appealability (ECF No. 10). The proper procedure when a district court denies a certificate of appealability, as this Court did, is for the habeas petitioner to file a motion for a certificate of appealability before the appellate court in the appeal from the judgment denying the petition for writ of habeas corpus or the motion to vacate sentence. See Sims v. U.S., 244 F. 3d 509 (6th Cir. 2001)(citing Fed. R. App. P. 22(b)(1)). Petitioner’s request for a certificate of appealability should be directed to the Sixth Circuit. In the interests of justice, the Court orders Petitioner’s motion for a certificate of appealability to be transferred to the United States Court of Appeals for the Sixth Circuit. See Hayes v. Horton, 606 F. Supp. 3d 676, 678 (E.D. Mich. 2022). IT IS ORDERED that: The Clerk of the Court transfer the “Motion for Certificate of Appealability” (ECF No. 10) to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631 and is DENIED without prejudice pending further review by the Sixth Circuit. s/Denise Page Hood HON. DENISE PAGE HOOD UNITED STATES DISTRICT JUDGE DATED: September 12, 2024

Document Info

Docket Number: 2:24-cv-11454

Filed Date: 9/12/2024

Precedential Status: Precedential

Modified Date: 11/1/2024