Winbush v. Boyd, No. 3:2023cv00192 - Document 5 (E.D. Tenn. 2023)
Court Description: MEMORANDUM OPINION in support of Judgment transferring case to USCA.Signed by District Judge Clifton L. Corker on 6/5/23. (c/m Waynard Winbush 569714 NORTHWEST CORRECTIONAL COMPLEX 960 STATE ROUTE 212 TIPTONVILLE, TN 38079 and cc USCA)(ADA)
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Winbush v. Boyd Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE WAYNARD WINBUSH, Petitioner, v. BERT C. BOYD, Respondent. ) ) ) ) ) ) ) ) ) No. 3:23-CV-192-DCLC-JEM MEMORANDUM OPINION Petitioner, a state prisoner, filed a pro se motion for post-judgment relief from his petition for a writ of habeas corpus under 28 U.S.C. § 2254 in civil case number 3:20-CV-489 [Docs. 2, 3]. The Court construed this post-judgment motion as a second or successive habeas corpus petition and therefore directed the Clerk to open the instant action [Doc. 1]. However, as the Court noted in its order directing the Clerk to file this action, Petitioner must obtain authorization from the Sixth Circuit before he may pursue this action [Id. at 2]. See 28 U.S.C. § 2244(b)(3). Because it does not appear that Petitioner has obtained such authorization, the Court will transfer Petitioner’s filings [Docs. 2, 3] to the Sixth Circuit, which will construe them as a request for authorization under § 2244(b)(3). See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997). Accordingly, the Clerk will be DIRECTED to transfer this entire action to the Sixth Circuit, pursuant to 28 U.S.C. § 1631 and In re Sims, 111 F.3d at 47, and to close this case. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. ENTER: s/Clifton L. Corker United States District Judge Case 3:23-cv-00192-DCLC-JEM Document 5 Filed 06/05/23 Page 1 of 1 PageID #: 82 Dockets.Justia.com
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