Logan v. Barbour et al

Filing 9

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

COURTNEY R. LOGAN

PETITIONER

V.

NO. 4:15-CV-121-DMB-JMV

HALEY BARBOUR, ET AL.

RESPONDENTS

ORDER
The Court, sua sponte, considers the transfer of this case to the United States Court of
Appeals for the Fifth Circuit. On November 27, 2012, Courtney R. Logan was convicted of three
counts of kidnapping, one count of aiding the escape of an inmate, and being a felon in possession
of a deadly weapon. He was sentenced to life without parole on November 28, 2012. On August
24, 2015, Logan filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241.
Logan has filed at least one unsuccessful § 2254 motion concerning the same conviction
which he now seeks to challenge. See Logan v. Mississippi, No. 4:13-CV-122-GHD-DAS, 2015
WL 576573 (N.D. Miss. Feb. 11, 2015). The Antiterrorism and Effective Death Penalty Act of
1996 requires that before a second or successive petition 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). Logan has not obtained such an order. Rather
than requiring district courts to dismiss petitions on this basis, the Fifth Circuit permits district
courts to transfer a habeas 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); In re Sepulvado, 707 F.3d 550 (5th Cir. 2013)
cert. denied, 134 S. Ct. 420 (2013).

Therefore, in the interest of justice and judicial economy, it is ORDERED that this petition
be TRANSFERRED to the Fifth Circuit Court of Appeals for Logan to seek leave to file this
successive § 2241 petition.
It is further ORDERED 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
It is further ORDERED that this case is CLOSED.
SO ORDERED, this 23rd day of September, 2015.

/s/ Debra M. Brown
UNITED STATES DISTRICT JUDGE

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