Thomas v Barnes
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. CASE CLOSED. Signed by District Judge Sharion Aycock on 1/27/2025. (lgm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
FORREST THOMAS, III
v.
PETITIONER
No. 4:24CV46-SA-JMV
WARDEN TIMOTHY BARNES
RESPONDENT
ORDER TRANSFERRING CASE TO THE
FIFTH CIRCUIT COURT OF APPEALS
This matter comes before the court, sua sponte, for consideration of the transfer of this
cause. Forrest Thomas, III has submitted a petition for a writ of habeas corpus under 28 U.S.C.
§ 2254. The petitioner was convicted for manslaughter and kidnapping on May 18, 2007. The
petitioner has filed at least one other unsuccessful 2254 motion concerning the same conviction
which he now seeks to challenge. See Thomas v. Taylor, 3:18CV238-DMB-DAS (N.D. Miss.)
The Antiterrorism and Effective Death Penalty Act requires that before a district court files a
second or successive petition, “the applicant shall move in the appropriate court of appeals for an
order authorizing the district court to consider the application.” The petitioner has not obtained
such an order. 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, it is ORDERED:
1) That 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) 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
3) This case is CLOSED.
SO ORDERED, this, the 27th day of January, 2025.
/s/ Sharion Aycock
U. S. DISTRICT JUDGE
2
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