MILES v. MACON STATE PRISON

Filing 8

ORDER denying #6 Motion for Timely filing Second Successive Habeas Corpus Petition ; denying #7 Motion for Leave to Proceed in forma pauperis. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 9/30/2024. (elp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MICHAEL NIKIETH MILES,

:
:
Petitioner,
:
:
VS.
:
:
MACON STATE PRISON WARDEN, :
:
Respondent.
:
________________________________ :

NO. 5:24-CV-00326-MTT-CHW

ORDER
Before the Court is Petitioner’s motion to proceed in forma pauperis (ECF No. 7)
and a request to file a second or successive habeas petition (ECF No. 6). On September
24, 2024, the Court dismissed this petition without prejudice (ECF No. 4) and entered
judgment in this action (ECF No. 5). In the order of dismissal, Petitioner was advised that
this Court lacks jurisdiction to consider successive habeas claims and that any request to
pursue a successive habeas petition must be filed in the Eleventh Circuit Court of Appeals.
See ECF No. 4. Accordingly, Petitioner’s motion to file a successive habeas petition (ECF
No. 6) is DENIED. Petitioner’s motion to proceed in forma pauperis (ECF No. 7) is also
DENIED as moot due to the dismissal of this civil action.
SO ORDERED, this 30th day of September, 2024.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge