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Walden v. Howard

United States District Court, E.D. Michigan, Southern Division
Apr 4, 2023
CIVIL 2:22-CV-10341 (E.D. Mich. Apr. 4, 2023)

Opinion

CIVIL 2:22-CV-10341

04-04-2023

LIBERTY ANNE WALDEN, Petitioner, v. JEREMY HOWARD, Respondent.


ORDER DIRECTING THE CLERK OF THE COURT TO TRANSFER THE MOTION FOR A CERTIFICATE OF APPEALABILITY (ECF No. 11) TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

HONORABLE VICTORIA A. ROBERTS, JUDGE

Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging her conviction for one count of first-degree criminal sexual conduct (CSC), M.C.L.A. 750.520b, and four counts of second-degree criminal sexual conduct, M.C.L.A. 750.50c. The Court denied the petition for a writ of habeas corpus with prejudice. The Court also denied Petitioner a certificate of appealability but granted Petitioner leave to appeal in forma pauperis. Walden v. Howard, No. 2:22-CV-10341, 2023 WL 2087960 (E.D. Mich. Feb. 17, 2023).

Petitioner filed a Notice of Appeal. (ECF No. 9). Petitioner also filed a motion for a certificate of appealability (ECF No. 11).

The proper procedure when a district court denies a certificate of appealability, as this Court did, is for the habeas petitioner to file a motion for a certificate of appealability before the appellate court in the appeal from the judgment denying the petition for a writ of habeas corpus or a motion to vacate sentence. See Sims v. U.S., 244 F.3d 509 (6th Cir. 2001)(citing Fed. R. App. P. 22(b)(1)). Petitioner's request for a certificate of appealability should be directed to the Sixth Circuit. See Hayes v. Horton, 606 F.Supp.3d 676, 678 (E.D. Mich. 2022).

Accordingly, the Clerk of the Court is ORDERED to transfer the “Motion for a Certificate of Appealability” (ECF No. 11) to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631.


Summaries of

Walden v. Howard

United States District Court, E.D. Michigan, Southern Division
Apr 4, 2023
CIVIL 2:22-CV-10341 (E.D. Mich. Apr. 4, 2023)
Case details for

Walden v. Howard

Case Details

Full title:LIBERTY ANNE WALDEN, Petitioner, v. JEREMY HOWARD, Respondent.

Court:United States District Court, E.D. Michigan, Southern Division

Date published: Apr 4, 2023

Citations

CIVIL 2:22-CV-10341 (E.D. Mich. Apr. 4, 2023)