UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

RODGER E. BROADWAY, ) ) Petitioner, ) ) v. ) No. 3:20-CV-316-TAV-DCP ) KEVIN MYERS, ) ) Respondent. )

MEMORANDUM OPINION AND ORDER

Petitioner Rodger Broadway has filed a pro se petition for habeas corpus relief pursuant to

, in which he seeks to challenge the legality of his confinement under 2003 Knox County judgments for first-degree felony murder, especially aggravated robbery, and aggravated rape [Doc. 1]. However, Petitioner has already filed an unsuccessful § 2254 petition challenging these same judgments in this District that the Court dismissed as time barred. See Broadway v. Genovese, No. 3:19-CV-353-TRM-DCP (E.D. Tenn. June 8, 2020). The Antiterrorism and Effective Death Penalty Act requires that an applicant seeking to file a second or successive petition first “move in the appropriate court of appeals for an order authorizing the district court to consider the application.”

(b)(3)(A). The Court finds that the § 2254 petition filed in this case is a second or successive petition subject to § 2244(b)(3), and the Court has not received an order from the Sixth Circuit authorizing this Court to consider the pending petition. Rather than dismissing a habeas petition on the basis that it is successive, a district court must transfer the file to the court of appeals, which will construe the petition as a request for authorization under § 2244(b)(3). See In re Sims,

(6th Cir.

1997). Therefore, the Clerk is DIRECTED to transfer this action to the United States Court of Appeals for the Sixth Circuit, pursuant to

and In re Sims,

, and to close this Court’s file. IT IS SO ORDERED.

ENTER:

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

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