Jones v. Clendenion, No. 2:2022cv00099 - Document 9 (E.D. Tenn. 2022)

Court Description: MEMORANDUM OPINION in support of the following Judgment Order. Signed by District Judge Clifton L. Corker on 9/26/22. (c/m Daniel H Jones 443638 TURNEY CENTER INDUSTRIAL COMPLEX 1499 R.W. MOORE MEMORIAL HIGHWAY ONLY, TN 37140-4050 & cc USCA) (ADA)

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Jones v. Clendenion Doc. 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE DANIEL H. JONES, Petitioner, v. JASON CLENDENION, Respondent. ) ) ) ) ) ) ) ) ) No. 2:22-CV-099-DCLC-CRW MEMORANDUM OPINION Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 [Doc. 2]. Respondent has filed a motion to transfer the petition as second or successive [Doc. 7] and a memorandum in support thereof [Doc. 8]. For the reasons set forth below, Respondent’s motion [Doc. 7] will be GRANTED, and the Clerk will be DIRECTED to transfer this action to the United States Court of Appeals for the Sixth Circuit. In his § 2254 petition, Petitioner challenges his convictions in cases S53-124, S53-126, S53-127, and S52-468 [Doc. 2 p. 1]. However, Petitioner previously filed an unsuccessful § 2254 petition challenging S53-126, S53-127, and S52-468. Jones v. Sexton, et al., 2:10-CV-261-JRGDHI (March 19, 2012). challenging S53-124. Petitioner also previously filed an unsuccessful § 2254 petition Jones v. Sexton, 2:11-CV-302-JRG-DHI (E.D. Tenn. Feb. 4, 2014). Accordingly, as Respondent correctly contends, Petitioner must obtain authorization from the Sixth Circuit before he may pursue this successive action. See 28 U.S.C. § 2244(b)(3). Because it does not appear that Petitioner has obtained such authorization, the Court will transfer Petitioner’s file to the Sixth Circuit, which will construe the petition as a request for authorization under § 2244(b)(3). See In re Sims, 111 F.3d 45, 47 (6th Cir. 1997). Case 2:22-cv-00099-DCLC-CRW Document 9 Filed 09/26/22 Page 1 of 2 PageID #: 143 Dockets.Justia.com Accordingly, Respondent’s motion to transfer this action as second or successive [Doc. 7] will be GRANTED, and the Clerk will be DIRECTED to transfer this entire action to the Sixth Circuit, pursuant to 28 U.S.C. § 1631 and In re Sims, 111 F.3d at 47, and to close this case. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. ENTER: s/Clifton L. Corker United States District Judge 2 Case 2:22-cv-00099-DCLC-CRW Document 9 Filed 09/26/22 Page 2 of 2 PageID #: 144

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