Monterio Ross v. United States of America

• Court: District Court, W.D. Tennessee
• Decided: March 2, 2026
• Docket: 1:25-cv-01300
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

MONTERIO ROSS, ) ) Movant, ) ) v. ) Civ. No. 1:25-cv-01300-STA-jay ) Cr. No. 1:21-cr-10112-STA-5 UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER TRANSFERRING PETITION/MOTION TO THE COURT OF APPEALS AS A SECOND OR SUCCESSIVE PETITION

Monterio Ross, inmate number 78231-509, has filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 USC §2255. He previously filed Monterio Ross v. United States of America, 1:25-cv-01203-STA-dkv (W.D. Tenn. Jan. 27, 2026). In that matter, Ross’s motion pursuant to 28 U.S.C. § 2255 was denied on January 27, 2026, and judgment was entered that same day. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. 104-132, Title I, § 102, 110 Stat. 1220 (Apr. 24, 1996), amended 28 U.S.C. §§ 2244(b) and 2255 to preclude the filing of any subsequent § 2255 motion absent permission from the Court of Appeals for the Circuit in which the district court is located. Under In re Sonshine, 132 F.3d 1133, 1135 (6th Cir. 1997), the AEDPA amendments bar a prisoner from filing a second § 2255 motion unless those amendments would have an impermissibly retroactive effect on a claim for relief under § 2255. Under In re Sims, 111 F.3d 45, 47 (6th Cir. 1997), “when a second or successive . . . § 2255 motion is filed in the district court without § 2244(b)(3) authorization from [the Sixth Circuit], the district court shall transfer the document to this court pursuant to 28 U.S.C. § 1631.” Id Because Ross must obtain a certification from the Sixth Circuit Court of Appeals before filing a second or successive motion, the Court DIRECTS the Clerk of Court to transfer the motion to the United States Court of Appeals for the Sixth Circuit for a determination of whether Ross

can file a second or successive motion to vacate sentence pursuant to 28 U.S.C. § 2255. Ross’s pending motions (ECF Nos. 2, 3, 6,) are DENIED without prejudice. IT IS SO ORDERED.

s/ S. Thomas Anderson S. THOMAS ANDERSON UNITED STATES DISTRICT JUDGE

Date: March 2, 2026