Denton v. Boyd
MEMORANDUM AND ORDER, the Clerk is DIRECTED to transfer this action to the United States Court of Appeals for the Sixth Circuit. Signed by District Judge Clifton L Corker on 2/17/21. (c/m Timothy Denton #409482 NORTHEAST CORRECTIONAL COMPLEX P.O. BOX 5000 MOUNTAIN CITY, TN 37683 and USCA)(ADA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
MEMORANDUM AND ORDER
Petitioner Timothy Denton is an inmate proceeding pro se on a federal habeas petition filed
pursuant to 28 U.S.C. § 2254, in which he seeks to challenge the legality of his confinement under
a 2006 Sullivan County, Tennessee judgment of conviction for first-degree murder [Doc. 1].
Petitioner has already filed one unsuccessful § 2254 petition challenging the judgment he
seeks to challenge in the instant petition. See Timothy Lynn Denton v. Randy Lee, 2:13-cv-27TRM-SKL (E.D. Tenn. Mar. 17, 2016); No. 16-6093 (6th Cir. Apr. 14, 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). The Court has not received an order
from the Sixth Circuit authorizing the Court to consider the pending petition.
Accordingly, the Court finds that the § 2254 petition filed in this case is a second or
successive petition subject to § 2244(b)(3). Rather than dismissing a habeas petition on the basis
that it is successive, a district court is to transfer the file to the court of appeals, which will construe
the petition as a request for authorization under § 2244(b)(3). See In re Sims, 111 F.3d 45, 47 (6th
Case 2:21-cv-00032-DCLC-CRW Document 6 Filed 02/17/21 Page 1 of 2 PageID #: 38
Cir. 1997). Therefore, the Clerk is DIRECTED to transfer this action to the United States Court
of Appeals for the Sixth Circuit, pursuant to 28 U.S.C. § 1631 and In re Sims, 111 F.3d at 47.
E N T E R:
s/Clifton L. Corker
United States District Judge
Case 2:21-cv-00032-DCLC-CRW Document 6 Filed 02/17/21 Page 2 of 2 PageID #: 39
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