Opinion
3:22-CV-142-TAV-DCP 3:13-CR-45-TAV-DCP-7
08-24-2022
JEFFREY SCOTT BRADEN, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM OPINION AND ORDER
THOMAS A. VARLAN UNITED STATES DISTRICT JUDGE
Before the Court is Petitioner's motion to vacate, set aside, or correct his sentence [Doc. 1; Case No. 3:13-cr-45 (“Criminal Case”), Doc. 2091]. Because defendant has already litigated a 28 U.S.C. § 2255 motion on the merits [see Criminal Case Docs. 1599, 1864, 1865], the instant motion challenging his sentence is a second or successive one. Under the Antiterrorism and Effective Death Penalty Act of 1996, petitioner cannot file a second or successive § 2255 motion in this Court until he has moved in the Sixth Circuit Court of Appeals for an order authorizing this Court to consider the motion. 28 U.S.C. § 2255(h). The Court has not received any such order. Accordingly, the Clerk is DIRECTED to TRANSFER this motion [Doc. 1; Criminal Case Doc. 2091] to the Sixth Circuit under 28 U.S.C. § 1631 for authorization.
IT IS SO ORDERED.