Sudduth v. State of Mississippi et al

Filing 5

ORDER transferring petition to U.S. Court of Appeals - 5th Circuit to determine if petitioner is allowed to file successive habeas petition in this court. Signed by District Judge Sharion Aycock on 12/6/17. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
DOYLE SUDDUTH

PETITIONER

v.

No. 1:17CV186-SA-DAS

MR. JIM HOOD, ET AL.

RESPONDENTS

ORDER TRANSFERRING CASE TO THE
FIFTH CIRCUIT COURT OF APPEALS
This matter comes before the court, sua sponte, for consideration of the transfer of this
cause. Doyle Sudduth has submitted a petition for a writ of habeas corpus under 28 U.S.C. '
2254. The petitioner was convicted for murder on November 25, 1987. The petitioner has filed
at least one other unsuccessful 2254 motion concerning the same conviction which he now seeks to
challenge. Sudduth v. Edward H., 3:93CV7-NBB-JAD (N.D. Miss., order of March 10, 1994),
Sudduth v. Anderson, 3:96CV181-NBB-SAA (N.D. Miss., order of May 13, 1997). The
Antiterrorism and Effective Death Penalty Act requires that before a district court files a second or
successive petition, “the applicant shall move in the appropriate court of appeals for an order
authorizing the district court to consider the application.” The petitioner has not obtained such an
order. Rather than dismissing the petition on this basis, the Fifth Circuit permits district courts to
transfer the petition for consideration pursuant to 28 U.S.C. ' 2244(a) and (b)(3)(c). See In re
Epps, 127 F.3d 364, 365 (5th Cir. 1997). Therefore, in the interest of justice and judicial
economy, it is ORDERED:
1) That this petition will be transferred to the Fifth Circuit Court of Appeals for the
petitioner to seek leave to file this successive § 2254 petition;

2) That the Clerk of Court is directed to transfer this petition and the entire record to the
Fifth Circuit Court of Appeals in accordance with 28 U.S.C. ' 2244(a) and (b)(3)(c), and In re
Epps, 127 F.3d at 365; and
3) this case is CLOSED.
SO ORDERED, this, the 6th day of December, 2017.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE

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