Opinion
No. 15-60772
01-21-2016
In re: SHAWN BURTON, Movant
Appeal from the United States District Court for the Southern District of Mississippi
USDC No. 3:15-CV-724 Before JOLLY, DENNIS, and PRADO, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. --------
Shawn Burton, Mississippi prisoner # 82975, has filed a request for a certificate of appealability (COA), which we construe as a notice of appeal from the district court's order transferring Burton's second 28 U.S.C. § 2254 habeas application to this court, pursuant to 28 U.S.C. § 1631, and as a motion seeking authorization to file a successive § 2254 application.
The district court transferred Burton's § 2254 application challenging his robbery conviction to this court for a determination whether a successive application should be allowed. Burton has not met the requirements for filing a successive § 2254 application. See 28 U.S.C. § 2244(b).
Accordingly, leave to file a successive application is DENIED, and the transfer order is AFFIRMED. Burton's motion for a COA is DENIED as unnecessary. See United States v. Fulton, 780 F.3d 683, 688 (5th Cir.), cert. denied, 136 S. Ct. 431 (2015).