Opinion
Case No. 14-14908
01-22-2015
LARRY WALTHALL, Plaintiff, v. JAMES R. CHYLINSKI, Respondent.
ORDER TRANSFERRING SUCCESSIVE HABEAS PETITION TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Petitioner Larry Walthall, presently serving a term of life imprisonment in a Michigan correctional facility, filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254. (Dkt. 1.) Petitioner challenges his state court convictions for first degree murder and possession of a firearm during commission of a felony. The Court finds this is a successive habeas corpus petition and therefore orders it transferred to the United States Court of Appeals for the Sixth Circuit under 28 U.S.C. § 2244(b)(3)(A).
Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2241 et seq., an individual seeking to file a "second or successive" habeas petition must ask the appropriate court of appeals for an order directing the district court to consider the petition. 28 U.S.C. § 2244(b)(3)(A); Stewart v. Martinez-Villareal, 523 U.S. 637, 641 (1998); In re Wilson, 142 F.3d 939, 940 (6th Cir. 1998). This requirement transfers to the court of appeals a screening function the district court previously performed. Felker v. Turpin, 518 U.S. 651, 664 (1996).
Petitioner challenged his convictions in three prior habeas actions. The first petition was denied on the merits. Walthall v. Stegall, No. 92 72577 (E.D. Mich. Jan. 26, 1993). The second petition was transferred to the Sixth Circuit. Walthall v. Stegall, No. 99 71382 (E.D. Mich. May 30, 2000). The Sixth Circuit denied permission to file a second petition. In re: Larry Walthall, No. 00 1628 (6th Cir. Oct. 26, 2000). The Sixth Circuit likewise denied Petitioner's third attempt to file a habeas action. In re: Larry Walthall, No. 14-1127 (6th Cir. Sept. 29, 2014). Petitioner cannot proceed with this fourth attempt without first acquiring permission to file a successive habeas petition from the Court of Appeals.
Therefore, the Clerk of Court is ORDERED to transfer the habeas petition to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631.
Petitioner's Motion for Appointment of Counsel (Dkt. 2) is DENIED AS MOOT.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE
Dated: January 22, 2015
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing document was served on the attorneys and/or parties of record by electronic means or U.S. Mail on January 22, 2015.
s/Jane Johnson
Case Manager to
Honorable Laurie J. Michelson