UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT WINCHESTER

EMMANUEL BIBB HOUSTON, ) ) Petitioner, ) ) v. ) No. 4:24-CV-026-DCLC-CHS ) SHAWN PHILLIPS and HERBERT ) SLATERY, ) ) Respondents. )

MEMORANDUM OPINION

Petitioner, a state prisoner, filed a pro se motion for post-judgment relief under Rule 60(b)(6) from the denial and dismissal of his petition for a writ of habeas corpus under

in civil case number 4:17-CV-072 [Doc. 2]. 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, Petitioner must obtain authorization from the Sixth Circuit before he may pursue this second or successive action. See

(b)(3). Because it does not appear that Petitioner has obtained such authorization, the Court will transfer Petitioner’s filing [Doc. 1] to the Sixth Circuit, which will construe it 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