Murdock v. Colson

Filing 49

ORDER: Petitioner Marshall Murdock has filed a habeas petition in this Court pursuant to 28 U.S.C. § 2254. For the reasons stated in the Memorandum Opinion filed herewith, the Court finds that the petition (ECF No. 1) is a successive petition un der 28 U.S.C. § 2244 which this Court lacks jurisdiction to consider in the absence of an order from the Sixth Circuit Court of Appeals authorizing its filing. Accordingly, the respondent's Motion to Transfer Second or Successive Applicatio n for Writ of Habeas Corpus (ECF No. 37) is GRANTED. The Clerk of Court is DIRECTED to TRANSFER this case 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 45 (6th Cir. 1997).The petitioner's Motion for Summary Judgment (ECF No. 40) is DENIED as MOOT. It is so ORDERED. Signed by District Judge Kevin H. Sharp on 6/22/12. (xc:Pro se party by regular and certified mail;6CCA via email notification)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

MARSHALL H. MURDOCK,
Petitioner,
v.
RONALD COLSON, Warden,
Respondent.

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Case No. 3:11-cv-1136
Judge Sharp

ORDER
Petitioner Marshall Murdock has filed a habeas petition in this Court pursuant to 28 U.S.C. §
2254. For the reasons stated in the Memorandum Opinion filed herewith, the Court finds that the petition
(ECF No. 1) is a successive petition under 28 U.S.C. § 2244 which this Court lacks jurisdiction to consider
in the absence of an order from the Sixth Circuit Court of Appeals authorizing its filing.
Accordingly, the respondent’s Motion to Transfer Second or Successive Application for Writ of
Habeas Corpus (ECF No. 37) is GRANTED.
The Clerk of Court is DIRECTED to TRANSFER this case 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 45 (6th Cir. 1997).
The petitioner’s Motion for Summary Judgment (ECF No. 40) is DENIED as MOOT.
It is so ORDERED.

Kevin H. Sharp
United States District Judge
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