Howard v. Watson

Filing 4

Order: For the reasons stated herein, this case is hereby transferred to the United States Court of Appeals for the Sixth Circuit. Judge Bridget Meehan Brennan on 5/19/2023. (H,AR)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
JAMES M. HOWARD,
Petitioner,
v.
WARDEN TOM WATSON,
Respondent.

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CASE NO. 3:23-cv-861

JUDGE BRIDGET MEEHAN BRENNAN

ORDER OF TRANSFER

Pro se Petitioner James Howard, a prisoner incarcerated in the North Central
Correctional Institution, has filed a Petition seeking a Writ of Habeas Corpus pursuant to 28
U.S.C. § 2254 challenging a judgment of conviction imposed by the Logan County Court of
Common Pleas. (Doc. No. 1.)
Petitioner has already filed a § 2254 petition challenging this conviction, and that petition
was dismissed on the merits. Howard v. Warden Turner, No. 3: 19 cv 346 (N.D. Ohio Jan. 27,
2022).
Title 28 U.S.C. § 2244(b)(3)(A) provides that before a second or successive habeas
corpus application under § 2254 is filed in the district court, the applicant must “move in the
appropriate court of appeals for an order authorizing the district court to consider the
application.” See also Keith v. Bobby, 618 F.3d 594, 599-600 (6th Cir. 2010). Unless the court
of appeals has given approval for the filing of second or successive petition, the district court
must transfer the petition to the court of appeals. In re Sims, 111 F.3d 45, 47 (6th Cir. 1997).
Petitioner does not indicate he has sought and obtained authorization from the Sixth Circuit
Court of Appeals to file a second or successive petition challenging his conviction. Accordingly,

pursuant to In re Sims, this action is hereby transferred to the United States Court of Appeals for
the Sixth Circuit.
IT IS SO ORDERED.

Date: May 19, 2023

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BRIDGET MEEHAN BRENNAN
UNITED STATES DISTRICT JUDGE

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