Houston v. Phillips, No. 4:2024cv00026 - Document 5 (E.D. Tenn. 2024)
Court Description: MEMORANDUM OPINION Signed by District Judge Clifton L Corker on 3/26/24. (mailed to Emmanuel Bibb Houston and sent to the Sixth Circuit via ECF ad hoc notification)(GRE)
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Houston v. Phillips Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT WINCHESTER EMMANUEL BIBB HOUSTON, Petitioner, v. SHAWN PHILLIPS and HERBERT SLATERY, Respondents. ) ) ) ) ) ) ) ) ) ) No. 4:24-CV-026-DCLC-CHS MEMORANDUM OPINION Petitioner, a state prisoner, filed a pro se motion for post-judgment relief under Rule 60(b)(6) from the denial and dismissal of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 in civil case number 4:17-CV-072 [Doc. 2]. 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, Petitioner must obtain authorization from the Sixth Circuit before he may pursue this second or successive action. 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 filing [Doc. 1] to the Sixth Circuit, which will construe it 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 Dockets.Justia.com
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