Pierce v. Morris et al

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 12/28/17. (cr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
RICKY SHANNON PIERCE
V.

PETITIONER
NO. 4:17-CV-155-DMB-RP

TIMOTHY MORRIS, et al.

RESPONDENTS

ORDER TRANSFERRING CASE
On or about October 30, 2017, Ricky Shannon Pierce filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254, challenging his conviction and sentence for sexual battery.
Doc. #1. Pierce previously filed an unsuccessful § 2254 motion challenging the same conviction
and sentence he seeks to challenge in this action. See Pierce v. Lee, 4:16-cv-95 (N.D. Miss.)
(petition for writ of habeas corpus denied May 12, 2017). The Antiterrorism and Effective Death
Penalty Act requires that an applicant seeking to file a second or successive petition first “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). Pierce has not demonstrated that he has obtained
authorization from the Fifth Circuit Court of Appeals to file this successive petition. 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:
1.

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.

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 28th day of December, 2017.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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