Onunwor v. Black, No. 1:2023cv00810 - Document 7 (N.D. Ohio 2024)

Court Description: Opinion and Order: Petitioner's Motion for Leave (ECF # 5 ) is DENIED and the Petition (ECF # 1 ) is DISMISSED. Judge Christopher A. Boyko on 2/14/2024.(L,Ja)

Download PDF
Onunwor v. Black Doc. 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CLIFTON C. ONUNWOR, Plaintiff, vs. KENNETH BLACK, WARDEN, Defendant. ) ) ) ) ) ) ) ) ) CASE NO. 1:23-CV-00810 JUDGE CHRISTOPHER A. BOYKO OPINION AND ORDER CHRISTOPHER A. BOYKO, J.: On April 19, 2023, Petitioner filed for a Writ of Habeas Corpus under 28 U.S.C. § 2254. (ECF #1.) On May 5, 2023, the Court transferred the matter to the United States Court of Appeals for the Sixth Circuit as the Petitioner did not state or demonstrate in his Petition that he had sought and obtained permission from the Court of Appeals to file a second or successive petition relating to his 2009 conviction. (ECF #4.) On May 30, 2023, Petitioner filed an after the fact Motion for Leave to file his second or successive petition. (ECF #5.) At the time the motion was filed, the Court had been deprived of jurisdiction to adjudicate the motion due to the transfer of the Petition to the Sixth Circuit Court of Appeals. On October 6, 2023, the Sixth Circuit Court of Appeals issued an order denying Petitioner’s motion for an order authorizing the district court to consider a second or successive § 2254 petition for a writ of habeas corpus on the basis that some of his claims were raised in his initial habeas petition, other new claims do not cite a new and previously unavailable rule of constitutional law that the Supreme Court has made retroactively applicable to cases on collateral 1 Dockets.Justia.com review, nor did he point to newly discovered facts that would satisfy § 2244(b)(2)(B) (ECF #6.) Accordingly, the Petitioner’s Motion for Leave (ECF #5) is DENIED and the Petition (ECF #1) is DISMISSED. IT IS SO ORDERED. /s Christopher A. Boyko CHRISTOPHER A. BOYKO United States District Judge Dated: February 14, 2024 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.