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Farr v. Winn

United States District Court, Eastern District of Michigan, Southern Division

March 11, 2015

TOMMY LEE FARR, JR., Petitioner,
v.
THOMAS WINN, Respondent.

OPINION AND ORDER TRANSFERRING CASE TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

MARIANNE O. BATTANI, United States District Judge

Petitioner Tommy Lee Farr, Jr., 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, the Court determines that this is a successive habeas corpus petition and, therefore, orders it transferred to the United States Court of Appeals for the Sixth Circuit, pursuant to 28 U.S.C. § 1631[1] and 28 U.S.C. § 2244(b)(3)(A).

Petitioner challenges his convictions for four counts of first-degree criminal sexual conduct, Mich. Comp. Laws § 750.520b(1)(f), rendered in Macomb County Circuit Court. In 2009, Petitioner filed a habeas corpus petition in this Court challenging the same convictions challenged in this petition. The earlier-filed petition was denied with prejudice. See 3/5/12 Opinion and Order, Farr, Jr., v. Barry Davis, No. 2:09-cv-14831, Doc. 12.

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 denied 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. 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, the Court ORDERS the District Court Clerk to transfer this case to the United States Court of Appeals for the Sixth Circuit.

SO ORDERED.


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