Morris v. Banks, 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 Debra M. Brown on 9/14/17. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
MARCUS F. MORRIS

PETITIONER

V.

NO. 4:17-CV-120-DMB-RP

JACQUALYN A. BANKS and
ATTORNEY GENERAL OF THE
STATE OF MISSISSIPPI

RESPONDENTS

ORDER OF TRANSFER
On August 14, 2017, Marcus F. Morris filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254 challenging his life sentence for the capital murder conviction he
received in the Circuit Court of Washington County, Mississippi. Doc. #1. Morris has filed at
least three other § 2254 petitions concerning the same conviction he now seeks to challenge. See
Morris v. Epps, No. 4:11-cv-122 (N.D. Miss.) (filed Oct. 31, 2011); Morris v. Denmark, No.
4:14-cv-155 (N.D. Miss.) (filed Oct. 31, 2014); Morris v. Banks, No. 4:15-cv-159 (N.D. Miss.)
(filed Oct. 30, 2015).
The Antiterrorism and Effective Death Penalty Act requires that before a second or
successive petition is filed in the district court, “the applicant 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). When a prisoner has not obtained the necessary order of authorization, the
district court may transfer the petition to the Fifth Circuit “for a determination [as to] whether the
successive petition should be allowed.” In re Epps, 127 F.3d 364, 365 (5th Cir. 1997).
The record shows that Morris has not obtained an order of authorization to pursue his
successive petition. Therefore, in the interest of justice and judicial economy, the Clerk of the
Court is DIRECTED to (1) transfer this petition and the entire record of this case to the Fifth

Circuit Court of Appeals in accordance with 28 U.S.C. § 2244(a) and (b)(3)(c), and 28 U.S.C. §
1631, and (2) close this case on the Court’s docket. Accordingly, Morris’ pending motions to
proceed in forma pauperis [2] and for reconsideration [3] are DENIED as moot.
SO ORDERED, this 14th day of September, 2017.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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