Foxx v. MiddleBrooks

Filing 4

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 9/4/20. (jla)

Case: 4:20-cv-00146-DMB-JMV Doc #: 4 Filed: 09/04/20 1 of 2 PageID #: 131

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
CARLOS FOXX, Known as Fox

PETITIONER

V.

NO. 4:20-CV-146-DMB-JMV

SCOTT MIDDLEBROOKS

RESPONDENT

ORDER
On or about July 7, 2020, Carlos Foxx filed a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 in the United States District Court for the Northern District of Mississippi.
Doc. #1. Foxx’s petition challenges his 2013 convictions in the Circuit Court of Coahoma County,
Mississippi, for two counts of attempted armed robbery, one count of armed robbery, and one
count of manslaughter. Id. at 1.
The Antiterrorism and Effective Death Penalty Act 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). Section “2244(b)(3)(A) acts as a jurisdictional bar to the district court’s asserting
jurisdiction over any successive habeas petition until [the Fifth Circuit] has granted the petitioner
permission to file one.” Crone v. Cockrell, 324 F.3d 833, 836 (5th Cir. 2003). While “a district
court may dispose of applications lacking authorization through dismissal” for lack of jurisdiction,
it may, pursuant to 28 U.S.C. § 1631, transfer such a petition to the Fifth Circuit, the court with
jurisdiction over the action, “upon a finding that the petition is successive.” United States v.
Fulton, 780 F.3d 683, 686 (5th Cir. 2015).
Foxx has filed at least one unsuccessful § 2254 petition challenging the same convictions
he seeks to challenge here. See Foxx v. State of Mississippi, No. 4:14-cv-85 at Docs #10, #11

Case: 4:20-cv-00146-DMB-JMV Doc #: 4 Filed: 09/04/20 2 of 2 PageID #: 132

(N.D. Miss. Mar. 24, 2015). However, Foxx has not obtained an order of authorization to pursue
this successive petition. In the interest of justice and judicial economy:
1.

The Clerk of the Court shall 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) & (b)(3)(c), and
28 U.S.C. § 1631.
2.

This case is CLOSED.

SO ORDERED, this 4th day of September, 2020.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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