Thompson v. Davis

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION

CHRISTOPHER LEE THOMPSON PETITIONER v. No. 1:22C V88-GHD-JMV JOSHUA DAVIS RESPONDENT

ORDER TRANSFERRING CASE TO THE FIFTH CIRCUIT COURT OF APPEALS This matter comes before the court, sua sponte, for consideration of the transfer of this cause. Christopher Lee Thompson has submitted a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petitioner was convicted for manslaughter in the heat of passion on February 19, 2016, and sentenced to 20 years’ incarceration without parole. The petitioner has filed at least one other unsuccessful 2254 motion concerning the same conviction which he now seeks to challenge. See Thompson v. Alcorn Co. Regional Corr. Fac., 1:20CV84-SA-RP (N.D. Miss. 2021). The Antiterrorism and Effective Death Penalty Act requires that before filing a second or successive petition in a District Court, “the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application.” The petitioner has not obtained such an order. Rather than dismissing the petition on this basis, the Fifth Circuit permits district courts to transfer the petition for consideration pursuant to 28 U.S.C. § 2244(a) and (b)(3)(c). See In re Epps, 127 F.3d 364, 365 (5" Cir. 1997). Therefore, in the interest of justice and judicial economy, it is ORDERED: 1) That this petition will be transferred to the Fifth Circuit Court of Appeals for the petitioner to seek leave to file this successive § 2254 petition;

2) That the Clerk of Court is DIRECTED to TRANSFER this petition and the entire record to the Fifth Circuit Court of Appeals in accordance with 28 U.S.C. § 2244(a) and (b)(3)(c), and /n re Epps, 127 F.3d at 365; and 3) This case is CLOSED. SO ORDERED, this, toto day of August, 2022.

SENIOR JUDGE