United States District Court, Eastern District of Michigan, Southern Division
NATHANIEL H. MITCHELL, Petitioner,
MICHAEL CURLEY, Respondent.
ORDER DENYING MOTION FOR REMAND (FOR EVIDENTIARY HEARING)
John Corbett O’Meara United States District Judge
In 2012, Michigan prisoner Nathaniel H. Mitchell (“Petitioner”) filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his Saginaw County Circuit Court conviction for armed robbery, carjacking, felon in possession of a firearm, and possession of a firearm during the commission of a felony. He was sentenced as a third habitual offender to concurrent terms of 22 ½ to 40 years imprisonment on the armed robbery and carjacking convictions, a concurrent term of five to 10 years imprisonment on the felon in possession conviction, and a consecutive term of two years imprisonment on the felony firearm conviction in 2003.
The Court transferred the case to the United States Court of Appeals for the Sixth Circuit as a second or successive petition. In 2013, the Sixth Circuit denied Petitioner authorization to file a second or successive petition. In re Nathaniel Mitchell, No. 12- 2151 (6th Cir. July 15, 2013).
Petitioner now moves this Court for a remand for an evidentiary hearing on alleged newly-discovered evidence. Petitioner’s request must be denied. He no longer has a matter pending before this Court. His habeas petition was transferred to the Sixth Circuit, which denied him permission to file a second or successive petition.
To the extent that Petitioner seeks to proceed on new claims, he must file a new habeas petition (after exhausting state court remedies) and seek authorization from the Sixth Circuit to proceed on a successive petition. See 28 U.S.C. § 2244(b)(3)(A); Stewart v. Martinez-Villareal, 523 U.S. 637, 641 (1998); In re Wilson, ...