UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE

DANIEL H. JONES, ) ) Petitioner, ) ) v. ) No. 2:22-CV-099-DCLC-CRW ) JASON CLENDENION, ) ) Respondent. )

MEMORANDUM OPINION

Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus under

[Doc. 2]. Respondent has filed a motion to transfer the petition as second or successive [Doc. 7] and a memorandum in support thereof [Doc. 8]. For the reasons set forth below, Respondent’s motion [Doc. 7] will be GRANTED, and the Clerk will be DIRECTED to transfer this action to the United States Court of Appeals for the Sixth Circuit. In his § 2254 petition, Petitioner challenges his convictions in cases S53-124, S53-126, S53-127, and S52-468 [Doc. 2 p. 1]. However, Petitioner previously filed an unsuccessful § 2254 petition challenging S53-126, S53-127, and S52-468. Jones v. Sexton, et al., 2:10-CV-261-JRG- DHI (March 19, 2012). Petitioner also previously filed an unsuccessful § 2254 petition challenging S53-124. Jones v. Sexton, 2:11-CV-302-JRG-DHI (E.D. Tenn. Feb. 4, 2014). Accordingly, as Respondent correctly contends, Petitioner must obtain authorization from the Sixth Circuit before he may pursue this successive action. See

(b)(3). Because it does not appear that Petitioner has obtained such authorization, the Court will transfer Petitioner’s file to the Sixth Circuit, which will construe the petition as a request for authorization under § 2244(b)(3). See In re Sims,

(6th Cir. 1997). Accordingly, Respondent’s motion to transfer this action as second or successive [Doc. 7] will be GRANTED, and the Clerk will be DIRECTED to transfer this entire action to the Sixth Circuit, pursuant to

and In re Sims,

, and to close this case. AN APPROPRIATE JUDGMENT ORDER WILL ENTER. ENTER:

s/Clifton L. Corker United States District Judge