United States District Court, E.D. Michigan, Northern Division
January 21, 2015
ADRIAN CEDRIC KING, # 312674, Petitioner,
ROBERT NAPEL, Respondent.
OPINION AND ORDER TRANSFERRING CASE TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
THOMAS L. LUDINGTON, District Judge.
Petitioner Adrian Cedric King, a Michigan state prisoner, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, this is a successive habeas corpus petition and, therefore, it will be transferred to the United States Court of Appeals for the Sixth Circuit, pursuant to 28 U.S.C. § 1631 and 28 U.S.C. § 2244(b)(3)(A).
King challenges his 2005 convictions for assault with intent to commit murder, Mich. Comp. Laws § 750.83, being a felon in possession of a firearm, Mich. Comp. Laws § 750.224f, discharging a firearm toward a building, Mich. Comp. Laws § 750.234b, and possession of a firearm during the commission of a felony, Mich. Comp. Laws § 750.227b. In 2007, King filed a habeas corpus petition in this Court challenging the same convictions challenged in this current petition. The petition was denied on the merits. See January 18, 2011 Opinion and Order Denying Petition for Writ of Habeas Corpus, King v. Capello, 07-cv-15134, ECF No. 21.
Before a prisoner may file a habeas petition challenging a conviction already challenged in a prior habeas petition, the prisoner 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). Petitioner's prior habeas petition was dismissed on the merits. Petitioner has not obtained from the Court of Appeals for the Sixth Circuit authorization to file a successive petition in this court. The Sixth Circuit has held that when a second or successive petition for habeas corpus relief is filed in the district court without prior authorization, the district court must transfer the petition to the Court of Appeals pursuant to 28 U.S.C. § 1631. In re Sims, 111 F.3d 45, 47 (6th Cir. 1997).
Accordingly, it is ORDERED that the Clerk of Court TRANSFER this case, 14-cv-14861, to the United States Court of Appeals for the Sixth Circuit.