Hale v. Cook, No. 2:2016cv00093 - Document 10 (E.D. Tenn. 2016)

Court Description: MEMORANDUM OPINION. 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. An appropriate order shall enter. Signed by District Judge Curtis L Collier on 8/16/2016. (AML, ) Copy of M/O mailed to Thomas Hale.

Download PDF
Hale v. Cook Doc. 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE THOMAS DANIEL EUGENE HALE, Petitioner, v. DOUG COOK, Respondent. ) ) ) ) ) ) ) ) ) Case No. 2:16-CV-93 Judge Collier Magistrate Judge Corker MEMORANDUM OPINION Before the Court is Petitioner Thomas Daniel Eugene Hale’s pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Doc. 4]. Under 28 U.S.C. § 2244(b)(3), a petitioner who has previously filed a habeas petition must move the Sixth Circuit Court of Appeals for an order authorizing the District Court to consider the second or successive petition. Here, Petitioner has already filed two § 2254 petitions for post-conviction relief challenging the same conviction. The first petition was dismissed on the merits. See Hale v. Myers, Case No. 1:96CV-149 (E.D. Tenn., Order of July 28, 1998). The second petition was transferred to the United States Court of Appeals for the Sixth Circuit, where Petitioner was denied permission to file a second or successive petition. See Hale v. Parker, Case No. 2:05-CV-184 (E.D. Tenn., Order of July 7, 2005) (transferring case), leave to file denied by In re Hale, No. 05-6081 (6th Cir., June 5, 2006). Since this is Petitioner’s third petition for a writ of habeas corpus, and since this Court has not received an order from the Sixth Circuit authorizing the Court to consider it, 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. See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997). Dockets.Justia.com An appropriate order shall enter. /s/ CURTIS L. COLLIER UNITED STATES DISTRICT JUDGE 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.