Opinion
Case No. 2:04-CV-189 PGC.
August 23, 2005
ORDER
Petitioner, David Glasscock, has filed a habeas corpus petition. See 28 U.S.C.S. § 2254 (2005). This is Petitioner's third habeas petition before this Court. The first was dismissed with prejudice. Glasscock v. State of Utah, No. 2:94-CV-1249-DS (D. Utah Oct. 10, 1997). The second was voluntarily withdrawn before it was acted upon. Glasscock v. State of Utah, No. 2:03-CV-659-DAK (D. Utah Nov. 17, 2003). This third petition is "second or successive." See U.S.C.S. § 2244 (2005).
Second or successive habeas petitions cannot be filed in district court until the petitioner "move[s] in the appropriate court of appeals for an order authorizing the district court to consider the application.'" Id. § 2244(b)(3)(A). However, Petitioner appears to have filed the current petition here without first asking permission from the Tenth Circuit. When a second or successive § 2254 petition is filed in a district court without the necessary appellate court sanction, it must be transferred under 28 U.S.C. § 1631 to the proper court. Coleman v. United States, 106 F.3d 339, 341 (10th Cir. 1997).
IT IS THEREFORE ORDERED that this second or successive petition be transferred under 28 U.S.C. § 1631 to the United States Court of Appeals for the Tenth Circuit.