Surles v. Burton
Filing
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OPINION AND ORDER transferring successive petition for writ of habeas corpus to the USCA for the Sixth Circuit. Signed by District Judge Arthur J. Tarnow. (DPer)
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SAMUEL LEWIS SURLES,
Petitioner,
v.
Case Number 2:20-CV-11526
HONORABLE ARTHUR J. TARNOW
UNITED STATES DISTRICT JUDGE
DEWAYNE BURTON,
Respondent,
___________________________________/
OPINION AND ORDER TRANSFERRING SUCCESSIVE PETITION FOR
WRIT OF HABEAS CORPUS TO UNITED STATES COURT OF
APPEALS FOR THE SIXTH CIRCUIT
Samuel Lewis Surles, (“petitioner”), confined at the Handlon
Correctional Facility in Ionia, Michigan, filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. In his pro se application, petitioner
challenges his 1969 conviction out of the Detroit Recorder’s Court for firstdegree murder, Mich. Comp. Laws § 750.316. Because the Court
concludes that the present petition constitutes a “second or successive
petition” within the meaning of 28 U.S.C. § 2244(b)(3), the Court will
transfer the matter to the Court of Appeals so that the petitioner may seek
permission to proceed.
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I. Background
Petitioner was convicted of first-degree murder in the Detroit
Recorder’s Court in 1969 and was sentenced to life in prison.
Petitioner previously filed a petition for writ of habeas corpus, in which
he challenged his first-degree murder conviction. The petition was denied
on the merits.
Petitioner again seeks habeas relief from his incarceration.
II. Discussion
Petitioner already filed a prior petition for a writ of habeas corpus
challenging his judgment of sentence and incarceration. The petition was
denied on the merits. Barnes v. Wells, No. 85-3551 (E.D. Mich. Dec. 5,
1986) (DeMascio, J.), cert. prob. cause den., No. 87-1445 (6th Cir. Aug. 24,
1987). The Sixth Circuit has twice denied petitioner permission to file a
second or successive habeas petition. See In re: Samuel Surles, No. 97214 (6th Cir. June 24, 1998), In Re Surles, No. 13-1649 (6th Cir. Mar. 26,
2014). Petitioner had another habeas case transferred to the Sixth Circuit,
Surles v. Kapture, No. 2:00-cv-001 (W.D. Mich. Jan. 24, 2000), which was
dismissed for want of prosecution. In re Surles, No. 00-1093 (6th Cir. Mar.
7, 2000).
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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. See 28 U.S.C. § 2244(b)(3)(A);
Stewart v. Martinez-Villareal, 523 U.S. 637, 641 (1998). When a habeas
petitioner files a second or successive petition for habeas corpus relief in
the district court without preauthorization from the court of appeals, the
district court must transfer the document to the court of appeals. See 28
U.S.C. § 1631 (directing that “[w]henever a civil action is filed in a court ...
and that court finds that there is a want of jurisdiction, the court shall, if it is
in the interest of justice, transfer such action ... to any other such court in
which the action ... could have been brought at the time it was filed”); In re
Sims, 111 F.3d 45, 47 (6th Cir.1997)(holding 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.”); See also Ward v. Wolfenbarger, 323 F. Supp. 2d 818, 825-26
(E.D. Mich. 2004).
Petitioner has not obtained authorization from the Sixth Circuit to file
this successive petition.
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Accordingly, the Clerk of Court is ordered to transfer the habeas
petition to the United States Court of Appeals for the Sixth Circuit pursuant
to Sims and 28 U.S.C. § 1631. See Galka v. Caruso, 599 F. Supp. 2d 854,
857 (E.D. Mich. 2009).
III. ORDER
Accordingly, it is ORDERED that the Clerk shall transfer the petition to
the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C.
§ 1631.
s/Arthur J. Tarnow
HON. ARTHUR J. TARNOW
UNITED STATES DISTRICT JUDGE
DATED: July 8, 2020
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