Carr v. Warren

Filing 55

ORDER denying 54 Motion for Reconsideration. Signed by District Judge Lawrence P. Zatkoff. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRENT CARR, JR.,
Petitioner,
v.

CASE NO. 05-73763
HONORABLE LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE

KENNETH ROMANOWSKI,
Respondent,
____________________________________/

OPINION AND ORDER
This matter is before the Court on Petitioner’s “Rule 60(b)(6) Motion for Relief from
Judgment” (hereinafter, “Motion for Relief”) (Docket #54). Therein, Petitioner asks the Court to
grant him relief from the Sixth Circuit’s May 27, 2014, denial of his successive petition for habeas
corpus.
As Petitioner clearly recognized when he filed his successive petition directly with the Sixth
Circuit, this Court lacks jurisdiction over any successive petition because he previously filed a
federal habeas petition in this Court. See 28 U.S.C. § 2244(b)(3)(A); Stewart v. Martinez-Villareal,
523 U.S. 637, 641 (1998) (An individual seeking to file a second or successive habeas petition must
first ask the appropriate court of appeals for an order authorizing the district court to consider the
petition). This is clear under the Antiterrorism and Effective Death Penalty Act (AEDPA), which
provides a federal district court does not have jurisdiction to entertain a successive post-conviction
motion or petition for writ of habeas corpus in the absence of an order from the court of appeals
authorizing the filing of such a successive motion or petition. See Ferrazza v. Tessmer, 36 F. Supp.
2d 965, 971 (E.D. Mich. 1999). Thus, this Court has no jurisdiction to hear Petitioner’s Motion for
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Relief regarding his successive habeas petition. In addition, this Court has no authority to review
or grant relief from a judgment rendered by the Sixth Circuit Court of Appeals. Accordingly, this
Court shall not analyze or consider Defendant’s Motion for Relief.
For the foregoing reasons, the Court hereby DENIES Petitioner’s “Rule 60(b)(6) Motion for
Relief from Judgment” (Docket #54).
IT IS SO ORDERED.

_s/Lawrence P. Zatkoff
HON. LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE
DATED: December 19, 2014

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