Mike Settle v. Vince Vantrell

Summary

The United States District Court for the Western District of Tennessee construed Mike Settle’s filing as a second or successive petition under 28 U.S.C. § 2255. Because Settle had not obtained authorization from the Sixth Circuit, the court ordered the Clerk to transfer the petition to that court under 28 U.S.C. § 1631 and directed that the district-court case be closed without entry of judgment.

Holdings

1. A district court may not consider a second or successive § 2255 petition absent prior authorization from the appropriate court of appeals.
2. When a second or successive § 2255 motion is filed in the district court without Sixth Circuit authorization, the district court must transfer the filing to the Sixth Circuit under 28 U.S.C. § 1631.

Questions Presented

1. Whether the district court could consider Settle's filing as a second or successive motion under 28 U.S.C. § 2255 without prior authorization from the Sixth Circuit.
2. Whether the petition should be transferred to the Sixth Circuit under 28 U.S.C. § 1631.

Disposition

other