UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

WAYNARD WINBUSH, ) ) Petitioner, ) ) v. ) No. 3:23-CV-192-DCLC-JEM ) BERT C. BOYD, ) ) Respondent. )

MEMORANDUM OPINION

Petitioner, a state prisoner, filed a pro se motion for post-judgment relief from his petition for a writ of habeas corpus under

in civil case number 3:20-CV-489 [Docs. 2, 3]. The Court construed this post-judgment motion as a second or successive habeas corpus petition and therefore directed the Clerk to open the instant action [Doc. 1]. However, as the Court noted in its order directing the Clerk to file this action, Petitioner must obtain authorization from the Sixth Circuit before he may pursue this action [Id. at 2]. See

(b)(3). Because it does not appear that Petitioner has obtained such authorization, the Court will transfer Petitioner’s filings [Docs. 2, 3] to the Sixth Circuit, which will construe them as a request for authorization under § 2244(b)(3). See In re Sims,

(6th Cir. 1997). Accordingly, 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