Opinion
No. 3:19-CV-404-HSM-HBG
10-17-2019
COREY ABERNATHY, Petitioner, v. JOHN BLEDSOE, Respondent.
MEMORANDUM AND ORDER
This is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The matter is before the Court, sua sponte, for consideration of transfer of this action.
Petitioner has previously filed an unsuccessful § 2254 petition seeking to challenge the same Hamilton County burglary convictions that are at issue in the instant petition. See Abernathy v. Warden Sexton, 1:18-CV-286-TAV-CHS (E.D. Tenn. July 25, 2019). Therefore, before Petitioner may pursue this successive action, he must obtain authorization to do so from the Court of Appeals for the Sixth Circuit. See 28 U.S.C. § 2244(b)(3). Because it does not appear that Petitioner has obtained such authorization, the Court will transfer Petitioner's file to the appellate court, which will construe the petition as a request for authorization under § 2244(b)(3). See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997).
Accordingly, the Clerk is DIRECTED to transfer this entire action to the United States Court of Appeals for the Sixth Circuit, pursuant to 28 U.S.C. § 1631 and In re Sims, 111 F.3d at 47.
SO ORDERED.
ENTER:
/s/ Harry S . Mattice, Jr.
HARRY S. MATTICE, JR.
UNITED STATES DISTRICT JUDGE