Harvey Lee Preston v. Terry Wilkins

Summary

The United States District Court for the Eastern District of Michigan directs the Clerk to transfer Harvey Lee Preston’s successive 28 U.S.C. § 2254 habeas petition to the United States Court of Appeals for the Sixth Circuit. The court concludes that Preston had not obtained the appellate authorization required by 28 U.S.C. § 2244(b)(3)(A) and that transfer was required under 28 U.S.C. § 1631.

Holdings

1. A federal district court lacks jurisdiction to consider a second or successive habeas petition challenging a conviction previously challenged in an earlier federal habeas petition unless the petitioner first obtains authorization from the appropriate court of appeals under 28 U.S.C. § 2244(b)(3)(A).
2. When a petitioner files a second or successive habeas petition in the district court without the required appellate authorization, the district court must transfer the case to the appropriate court of appeals.

Questions Presented

1. Whether the district court may consider Preston's second or successive federal habeas petition under 28 U.S.C. § 2254 without prior authorization from the Sixth Circuit.
2. Whether an unauthorized successive habeas petition must be transferred to the appropriate court of appeals under 28 U.S.C. § 1631.

Disposition

remanded