Smith v. Haas

Full title: DERAY SMITH, Petitioner. v. RANDALL HAAS, Respondent.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Apr 23, 2014

Civil Action No. 09-CV-14876 (E.D. Mich. Apr. 23, 2014)

Opinion

Civil Action No. 09-CV-14876

04-23-2014

DERAY SMITH, Petitioner. v. RANDALL HAAS, Respondent.

BERNARD A. FRIEDMAN

HON. BERNARD A. FRIEDMAN

ORDER TRANSFERRING MOTION FOR RELIEF FROM JUDGMENT

TO THE COURT OF APPEALS

On May 11, 2012, this Court dismissed petitioner's habeas application because it was filed outside the statute of limitations. The Court also declined to issue a certificate of apppealability and denied petitioner leave to proceed on appeal in forma pauperis. The United States Court of Appeals for the Sixth Circuit subsequently denied petitioner's request for a certificate of appealability and dismissed the appeal. See Smith v. Rapelje, No. 12-1816 (6^th Cir. Jan. 3, 2013). The Sixth Circuit later denied petitioner permission to file a second or successive habeas petition. See In Re Smith, No. 13-1715 (6^th Cir. Nov. 22, 2013). On April 8, 2014, petitioner filed a motion seeking permission to file a successive habeas petition based on a retroactive change in the law. The Court has transferred that motion to the court of appeals pursuant to In Re Sims, 111 F. 3d 45, 47 (6^th Cir. 1997). Petitioner has now filed a motion for relief from judgment [docket entry 65]. This motion must likewise be transferred to the court of appeals. Accordingly,

IT IS ORDERED that petitioner's motion for relief from judgment [docket entry 65] is hereby transferred to the United States Court of Appeals for the Sixth Circuit. Dated: April 23, 2014

Detroit, Michigan

___________________

BERNARD A. FRIEDMAN

SENIOR UNITED STATES DISTRICT JUDGE