Elliott v. Genovese et al
| Brian O'Neal Elliott |
| Kevin Genovese and The Attorney General of the State of Tennessee |
| 3:2017cv00250 |
| February 3, 2017 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Aleta A. Trauger |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
23
ORDER: This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254. On November 29, 2017, the court denied Brian ONeal Elliot's petition for the writ of habeas corpus, dismissed this action, and denied a certific ate of appealability. (Doc. No. 18 .) Pending before the court is the petitioner's Motion for Relief from Judgment Under Rule 60(b)(6) and/or 60 (d)(1) (Rule 60 motion). (Doc. No. 20 .) The respondent filed a response. (Doc. No. 21 .) For the following reasons, the court concludes that the petitioner's Rule 60 motion is substantively a second or successive habeas petition, and the court, therefore, must transfer the motion to the Sixth Circuit Court of Appeals. The Cl erk is DIRECTED to place pages 6 through 50 of Docket Entry No. 20 UNDER SEAL by removing these pages from Docket Entry No. 20 and attaching them to Docket Entry No. 20 as a separate, sealed attachment. This will create a new docket entry a t Docket Entry No. 20-1. The remaining pages of Docket Entry No. 20 (pages 15, 51, and 52) shall remain unsealed at the same docket entry. The Clerk is then directed to TRANSFER the motion (Doc. No. 20 and Doc. No. 20-1) to the United States Co urt of Appeals for the Sixth Circuit, for consideration as an application for consideration as an application for permission to file a second or successive habeas petition. The Clerk is DIRECTED to ensure that the Sixth Circuit receives notice of t his order. Signed by District Judge Aleta A. Trauger on 1/9/2019. (xc:Pro se party by regular mail and Sixth Circuit Court of Appeals by ECF). (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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Filing
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MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 11/29/17. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs)
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