Crawley v. Bottom

Filing 5

MEMORANDUM OPINION AND ORDER by Senior Judge Thomas B. Russell on 5/11/17: IT IS ORDERED that the petition under 28 U.S.C. § 2254 for writ of habeas corpus (DN 1 ) is TRANSFERRED to the Sixth Circuit Court of Appeals pursuant to 28 U.S.C. § 1631.1cc: Petitioner, Respondent, USCA (DJT)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
ROGER D. CRAWLEY

PETITIONER

v.

CIVIL ACTION NO. 5:17-CV-70-TBR

DON BOTTOM

RESPONDENT
MEMORANDUM AND ORDER

Unrepresented by counsel, Petitioner, Roger D. Crawley, filed a petition under 28 U.S.C.
§ 2254 for writ of habeas corpus (DN 1). Therein, Petitioner seeks to challenge the
constitutionality of his 1982 convictions in the Christian Circuit Court of robbery in the first
degree and being a persistent felony offender.
Review of the Court’s records reveals that Petitioner has previously filed a § 2254
petition challenging his 1982 convictions. See Crawley v. Parker, Civil Action No. 5:93CV300-J. “Before a second or successive application . . . is filed in the district court, the applicant
shall move in the appropriate court of appeals for an order authorizing the district court to
consider the application.” See 28 U.S.C. § 2244(b)(3)(A); In re Wilson, 142 F.3d 939, 940 (6th
Cir. 1998).
Petitioner has failed to obtain panel certification prior to filing the instant petition in the
district court.

Therefore, IT IS ORDERED that the petition under 28 U.S.C. § 2254 for writ of habeas
corpus (DN 1) is TRANSFERRED to the Sixth Circuit Court of Appeals pursuant to 28 U.S.C.
§ 1631.1
Date:

May 11, 2017

cc:

Petitioner, pro se
Respondent
Clerk, Sixth Circuit
4413.009

1

See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997) (“[W]e hold that when a prisoner has sought
§ 2244(b)(3) permission from the district court, or 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.”).

2