Benoman v. East Mississippi Correctional Facility et al
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 10/7/19. (jla)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
CHRISTOPHER DESHONE BENOMAN
EAST MISSISSIPPI CORRECTIONAL
FACILITY, et al.
ORDER TRANSFERRING CASE
On July 2, 2019, Christopher Deshone Benoman filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254, challenging his convictions and sentences in the Lauderdale County
Circuit Court, Mississippi, for two counts of the lustful touching of a child. Doc. #1 at 1.
Benoman has filed at least one unsuccessful § 2254 motion challenging the same
convictions he seeks to challenge in this action. See Benoman v. Crockett, No. 3:15cv531-DPJFKB, 2016 U.S. Dist. LEXIS 79813, at *1 (S.D. Miss. May 19, 2016). 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). It does not appear that Benoman obtained
such authorization before filing this action.
Rather than dismissing a habeas petition on the basis that it is successive, the Fifth Circuit
has allowed 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:
Benoman’s petition is TRANSFERRED to the Fifth Circuit Court of Appeals for
him to seek permission to file his successive § 2254 petition;
The Clerk of the Court shall 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
This case is CLOSED.
SO ORDERED, this 7th day of October, 2019.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE
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