Herrera v. Burt

Filing 10

ORDER DISMISSING PETITIONERS MOTION TO DISMISS MAY 4, 2017 HABEAS CORPUS PETITION 9 . Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RUEBEN HERRERA,
Case No. 17-cv-12175

Petitioner,

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

v.
SHERRY L. BURT,

UNITED STATES MAGISTRATE JUDGE
ANTHONY P. PATTI

Respondent.
/

ORDER DISMISSING PETITIONER’S MOTION TO DISMISS MAY 4, 2017 HABEAS
CORPUS PETITION [9]
Petitioner Rueben Herrera (“Petitioner”), incarcerated at the Muskegon
Correctional Facility in Muskegon, Michigan, has filed a petition for writ of habeas
corpus. This matter is before the Court on Petitioner’s Motion to Dismiss an earlier
duplicate petition he filed in May 2017. Dkt. No. 9.
The Court, however, has already transferred his habeas petition to the United
States Court of Appeals for the Sixth Circuit as a second or successive petition to
Herrera v. Redman, No. 85-cv-74133 (E.D. Mich. June 29, 1988); see also Herrera
v. Redman, No. 88-1776, 869 F.2d 1490 (6th Cir. Feb. 16, 1989).
A district court loses jurisdiction over a state prisoner’s habeas case when it
transfers the habeas petition to an appellate court on the ground that it is a second or

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successive petition. See Jackson v. Sloan, 800 F.3d 260, 261 (6th Cir. 2015).
Consequently, the Court no longer has jurisdiction over this case. Accordingly, the
Court DISMISSES the motion to dismiss [9] for lack of jurisdiction. No further
pleadings should be filed in this case unless and until the Sixth Circuit authorizes
Petitioner to file a second or successive habeas petition.
IT IS SO ORDERED.
Dated:

August 2, 2017
s/Gershwin A. Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court's ECF System to their
respective email or First Class U.S. mail addresses disclosed on the Notice of
Electronic Filing on August 2 2017.
s/Tanya R Bankston
TANYA R. BANKSTON
Case Manager

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