Opinion
CRIMINAL 12-CR-20219
06-16-2021
UNITED STATES OF AMERICA, Plaintiff, v. JEFFREY SCOTT HARTMAN, Defendant.
ORDER TRANSFERRING DEFENDANT'S MOTION FOR A WRIT OF ERROR CORAM NOBIS TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
BERNARD A. FRIEDMAN SENIOR UNITED STATES DISTRICT JUDGE
This matter is presently before the Court on defendant's motion for a writ of error coram nobis [docket entry 40]. For the following reasons, the Court shall transfer this motion to the court of appeals.
While the ancient writ of coram nobis has been abolished in the federal courts, see Fed. R. Civ. P. 60(e), in substance, defendant's motion is a second or successive motion under 28 U.S.C. § 2255. In the instant motion, defendant states that he “was convicted of a crime never committed, as a matter of law, ” that “the government held no jurisdiction to prosecute, with this lawcourt holding no subject-matter jurisdiction to hear the purported fabricated case, ” and that “[t]herefore, [he has] served an illegal 37 months in captivity deprived of [his] liberty in violation of [his] constitutional rights.” Def.'s Mot. ¶¶ 2, 6, 12. In effect, defendant is asking the Court to vacate his conviction. Because defendant has previously filed a § 2255 motion, see docket entry 26, he cannot file a second one without first obtaining permission from the Sixth Circuit. See § 2255(h). When, as here, defendant does not show that he has obtained the required court of appeals' permission, the Court must transfer the case to the Sixth Circuit pursuant to 28 U.S.C. § 1631. See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997) (holding that “when a second or successive petition for habeas corpus relief or § 2255 motion is filed in the district court without § 2244(b)(3) authorization from this court, the district court shall transfer the document to this court pursuant to 28 U.S.C. § 1631”). Accordingly, IT IS ORDERED that the Clerk of this Court transfer defendant's “motion for error coram nobis” [docket entry 40] to the United States Court of Appeals for the Sixth Circuit pursuant to § 1631 and In re Sim, 111 F.3d at 47.