Stevenson v. State of Mississippi

Filing 7

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 Debra M. Brown on 9/23/15. (tab)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JOSEPH STEVENSON

PETITIONER

V.

NO. 4:15-CV-00103-DMB-DAS

STATE OF MISSISSIPPI

RESPONDENT

ORDER TRANSFERRING CASE TO
FIFTH CIRCUIT COURT OF APPEALS
This matter is before the Court, sua sponte, for consideration of the transfer of this cause.
Joseph Stevenson has submitted a petition for a writ of habeas corpus under 28 U.S.C. § 2254.
Stevenson was convicted of statutory rape on June 12, 2007. He has filed at least one other
unsuccessful § 2254 motion concerning the same conviction which he now seeks to challenge.
See Stevenson v Davenport, No. 4:13-CV-00027-SA-DAS (dismissed as untimely filed on July 30,
2013).
The Antiterrorism and Effective Death Penalty Act provides:
Before a second or successive application permitted by this section is filed in the
district court, the applicant shall move in the appropriate court of appeals for an
order authorizing the district court to consider the application.
28 U.S.C. § 2244(b)(3)(A). Stevenson has not obtained such an order. Rather than dismissing
the petition on this basis, the Fifth Circuit of Appeals 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 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 23rd day of September, 2015.
/S/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

2