Opinion
CRIMINAL ACTION NO. 14-2-DLB-EBA-2
05-10-2016
UNITED STATES OF AMERICA PLAINTIFF v. RASHAN A. PATTERSON DEFENDANT
ORDER ADOPTING REPORT AND RECOMMENDATION
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This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Edward Atkins, wherein he recommends that Rashan A. Patterson's Motion to Vacate pursuant to 28 U.S.C. § 2255 be transferred to the Sixth Circuit Court of Appeals (Doc. # 149). Magistrate Judge Atkins reached this conclusion because the law is clear that, before a district court can consider a second or successive habeas petition, the petitioner must move the appropriate court of appeals for an order authorizing the second or successive application. 28 U.S.C. § 2244(b)(3)(A); see also Burton v. Stewart, 549 U.S. 147, 153 (2007). Where, as here, a defendant files a second or successive petition without § 2244(b)(3)(A) authorization, the district court must transfer the application to the Sixth Circuit pursuant to 28 U.S.C. § 1631.
The time period for filing objections to Magistrate Judge Atkins' R&R has lapsed. Therefore, the R&R is ripe for review. The R&R being sound in all respects, including the recommended transfer to the Sixth Circuit, and the Court being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1) The Magistrate Judge's R&R (Doc. # 149) is adopted as the Opinion of the Court; and
(2) Defendant's Motion to Vacate (Doc. #147) is hereby transferred to the Sixth Circuit pursuant to 28 U.S.C. § 1631 so that it may determine whether to authorize Defendant's second or successive petition.
This 10th day of May, 2016.
Signed By:
David L . Bunning
United States District Judge