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Mitchell v. Curley

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

April 16, 2015

NATHANIEL H. MITCHELL, #232793, Petitioner,
v.
MICHAEL CURLEY, Respondent.

ORDER DENYING MOTION TO WAIVE FEES

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 to waive filing fees. 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, 142 F.3d 939, 940 (6th Cir. 1998); see also Felker v. Turpin, 518 U.S. 651, 664 (1996). Accordingly, the Court DENIES Petitioner’s motion to waive fees. This case remains closed.


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