Griham v. United States

389 F. Supp. 3d 986
CourtDistrict Court, N.D. Alabama
DecidedJune 13, 2019
DocketCase No. 2:16-cv-08117-RDP; 2:06-cr-00334-RDP-JEO
StatusPublished
Cited by3 cases

This text of 389 F. Supp. 3d 986 (Griham v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griham v. United States, 389 F. Supp. 3d 986 (N.D. Ala. 2019).

Opinion

R. DAVID PROCTOR, UNITED STATES DISTRICT JUDGE

This case is before the court on Petitioner Dedrick Lamon Griham's motion to vacate his sentence under 28 U.S.C. § 2255. (Civil Doc. # 1; Cr. Doc. # 78).1 For the reasons explained below, the court holds (1) that it lacks jurisdiction to consider Griham's motion, and (2) that transferring this matter to the United States Court of Appeals for the Eleventh Circuit under *99028 U.S.C. § 1631, as Griham requests, would be improper. Griham's § 2255 motion is therefore due to be denied.

I. Background

This is Griham's second motion to vacate under 28 U.S.C. § 2255. The court therefore provides a brief history of Griham's initial convictions, sentence, and first § 2255 motion.

Among other crimes, Griham was convicted in 2007 of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). (Cr. Doc. # 52 at 1). As relevant here, Griham received a life sentence under the Armed Career Criminal Act ("ACCA") on the felon-in-possession count. (Id. at 2). Griham appealed his convictions, and the Eleventh Circuit affirmed. United States v. Griham , 278 F. App'x 960 (11th Cir. 2008).

Griham filed his first § 2255 motion in 2009, asserting various challenges to his convictions and sentence. (Cr. Doc. # 71). This court denied that motion as untimely under the one-year statute of limitations for § 2255 motions established by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), see 28 U.S.C. § 2255(f). Griham v. United States , 2:09-cv-08029 (N.D. Ala. Oct. 8, 2009).

Griham filed his second § 2255 motion on June 21, 2016. (Civil Doc. # 1 at 5; Cr. Doc. # 78 at 5). He argues that his life sentence should be vacated under Johnson v. United States , --- U.S. ----, 135 S. Ct. 2551, 192 L.Ed.2d 569 (2015), which invalidated ACCA's residual clause as unconstitutionally vague, and Welch v. United States , --- U.S. ----, 136 S. Ct. 1257, 194 L.Ed.2d 387 (2016), which held that Johnson applies retroactively on collateral review.

II. Analysis

Griham's § 2255 motion requires the court to decide two issues. The first is whether the court has jurisdiction to consider the motion. If the court lacks jurisdiction, the second question is whether the court should transfer this matter to a court of competent jurisdiction (here, the Eleventh Circuit) pursuant to 28 U.S.C. § 1631. The court concludes both that it lacks jurisdiction and that transfer to the Eleventh Circuit under § 1631 is impermissible. Griham's § 2255 motion is therefore due to be denied.

A. This Court Lacks Jurisdiction to Consider Griham's Second § 2255 Motion

A federal prisoner seeking to file a "second or successive" § 2255 motion must seek authorization from the Eleventh Circuit before a district court may consider the motion. 28 U.S.C. §§ 2255(h), 2244(b)(3)(A) ; United States v. Holt , 417 F.3d 1172, 1175 (11th Cir. 2005). When a prisoner fails to seek or obtain such authorization, a district court lacks jurisdiction to consider the merits of the motion. In re Bradford , 830 F.3d 1273, 1277 (11th Cir. 2016) ; Farris v. United States , 333 F.3d 1211, 1216 (11th Cir. 2003). The question here is whether Griham's instant § 2255 motion is "second or successive" within the meaning of the relevant provisions of AEDPA. If it is, then this court lacks jurisdiction to consider the motion because the Eleventh Circuit has not authorized it to do so.

Griham's instant § 2255 motion (filed in 2016) is of course second in time to his first § 2255 motion, which he filed in 2009. But that does not necessarily mean his motion is "second or successive" for AEDPA purposes. See Stewart v. United States , 646 F.3d 856, 857 (11th Cir. 2011). Under Eleventh Circuit precedent, an application *991for postconviction relief2 is only "second or successive" if it follows an application that was previously disposed of in a "judgment on the merits." Boyd v. United States , 754 F.3d 1298, 1302 (11th Cir. 2014). This court denied Griham's first § 2255 motion as untimely under AEDPA's one-year statute of limitations. The question is thus whether that denial of Griham's first § 2255 motion as untimely was a "judgment on the merits" that renders his second motion "successive" and therefore subject to the strictures of 28 U.S.C.

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389 F. Supp. 3d 986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griham-v-united-states-alnd-2019.