Smith v. McKee

Filing 66

ORDER transferring 65 Motion for relief from judgment to the USCA for the Sixth Circuit. Signed by District Judge Bernard A. Friedman. (DPer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DERAY SMITH, Petitioner, v. Civil Action No. 09-CV-14876 HON. BERNARD A. FRIEDMAN RANDALL HAAS, Respondent. __________________/ ORDER TRANSFERRING MOTION FOR RELIEF FROM JUDGMENT TO THE COURT OF APPEALS On May 11, 2012, this Court dismissed petitioner’s habeas application because it was filed outside the statute of limitations. The Court also declined to issue a certificate of apppealability and denied petitioner leave to proceed on appeal in forma pauperis. The United States Court of Appeals for the Sixth Circuit subsequently denied petitioner’s request for a certificate of appealability and dismissed the appeal. See Smith v. Rapelje, No. 12-1816 (6th Cir. Jan. 3, 2013). The Sixth Circuit later denied petitioner permission to file a second or successive habeas petition. See In Re Smith, No. 13-1715 (6th Cir. Nov. 22, 2013). On April 8, 2014, petitioner filed a motion seeking permission to file a successive habeas petition based on a retroactive change in the law. The Court has transferred that motion to the court of appeals pursuant to In Re Sims, 111 F. 3d 45, 47 (6th Cir. 1997). Petitioner has now filed a motion for relief from judgment [docket entry 65]. This motion must likewise be transferred to the court of appeals. Accordingly, IT IS ORDERED that petitioner’s motion for relief from judgment [docket entry 65] is hereby transferred to the United States Court of Appeals for the Sixth Circuit. Dated: April 23, 2014 Detroit, Michigan _s/ Bernard A. Friedman_____________ BERNARD A. FRIEDMAN SENIOR UNITED STATES DISTRICT JUDGE

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