Summary
This order by the United States District Court for the Eastern District of Michigan addresses a pro se petition for a writ of habeas corpus filed by inmate Freddie L. Ervin challenging his state convictions for murder and firearm offenses. The court determines that the petition constitutes a second or successive filing under 28 U.S.C. § 2244(b)(3) because the underlying factual predicates existed during Ervin's initial habeas proceeding. Consequently, the court orders the clerk to transfer the case to the Sixth Circuit Court of Appeals so the petitioner may seek authorization to proceed.
Topics
Practice areas
Questions Presented
- Whether Ervin's petition constitutes a second or successive habeas petition under 28 U.S.C. §2244(b)(3)
Holdings
- The petition is a successive habeas petition and must be transferred to the United States Court of Appeals for the Sixth Circuit for authorization to proceed.
Key quotations
“IT IS ORDERED that the Clerk of the Court shall transfer this case to the United States Court of Appeals for the Sixth Circuit, pursuant to 28 U.S.C. § 1631, for authorization to file a successive habeas petition under 28 U.S.C. § 2244(b)(3)(A).”
Factual background
Freddie L. Ervin is incarcerated for first‑degree murder and related firearm offenses. He alleges new evidence that prosecutors offered a plea bargain to a key witness and failed to disclose it, constituting Brady and Giglio violations, and claims ineffective assistance of counsel.
Procedural history
Ervin previously filed an unsuccessful habeas petition; he now filed a second petition raising new evidence. The district court determined the petition is successive and must be transferred to the appellate court.
Remand instructions
Transfer the case to the United States Court of Appeals for the Sixth Circuit for authorization to file a successive habeas petition under 28 U.S.C. §2244(b)(3)(A).