Smith v. Braman

Full title: WILBERT SMITH, #238564, Petitioner, v. BRAMAN, Respondent,

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

Date published: Jun 30, 2022

21-cv-11562 (E.D. Mich. Jun. 30, 2022)

Opinion

21-cv-11562

06-30-2022

WILBERT SMITH, #238564, Petitioner, v. BRAMAN, Respondent,

BERNARD A. FRIEDMAN, SENIOR UNITED STATES DISTRICT JUDGE

OPINION AND ORDER TRANSFERRING SUCCESSIVE PETITION FOR WRIT OF HABEAS CORPUS TO UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

BERNARD A. FRIEDMAN, SENIOR UNITED STATES DISTRICT JUDGE

I. Introduction

Wilbert Smith, (“Petitioner”), confined at the Handlon Correctional Facility in Ionia, Michigan, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges his 1994 conviction out of the Detroit Recorder's Court for first-degree murder, assault with intent to do great bodily harm, and felony-firearm.

Because Smith's current petition is a “second or successive petition” within the meaning of 28 U.S.C. § 2244(b)(3), the case is transferred to the United States Court of Appeals for the Sixth Circuit so that petitioner may obtain permission to file a successive habeas petition.

II. Background

Petitioner filed a previous habeas petition challenging his 1994 conviction, which was denied on the merits. Smith v. Withrow, No. 1:98-00155 (W.D. Mich. Oct. 12, 1999) (Adopting Report and Recommendation of Magistrate Judge); appeal dism. No. 99-2240 (6th Cir. Dec. 14, 1999). The Sixth Circuit has since denied Petitioner's request to file a second habeas petition

1 challenging his conviction. In Re Smith, No. 15-1400 (6th Cir. Jan. 20, 2016). Petitioner now renews his request with this Court.

II. Analysis

The Court lacks jurisdiction over petitioner's successive habeas petition. An individual seeking to file a second or successive habeas petition must first ask the appropriate court of appeals for an order authorizing the district court to consider the petition. See 28 U.S.C. § 2244(b)(3)(A); Stewart v. Martinez-Villareal, 523 U.S. 637, 641 (1998). When a habeas petitioner files a second or successive petition for habeas corpus relief in the district court without preauthorization from the court of appeals, the district court must transfer the document to the court of appeals. See 28 U.S.C. § 1631; In re Sims, 111 F.3d 45, 47 (6th Cir.1997).

Since Petitioner has previously been denied habeas relief on his 1994 convictions, the current petition is a successive habeas petition which requires the Sixth Circuit's authorization. Accordingly, IT IS ORDERED that the Clerk shall transfer the petition to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631.