Walden v. Howard

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LIBERTY ANNE WALDEN, Petitioner, Civil No. 2:22-CV-10341 HONORABLE VICTORIA A. ROBERTS v. JEREMY HOWARD, Respondent. ___________________________________/ ORDER DIRECTING THE CLERK OF THE COURT TO TRANSFER THE MOTION FOR A CERTIFICATE OF APPEALABILITY (ECF No. 11) TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging her conviction for one count of first-degree criminal sexual conduct (CSC), M.C.L.A. 750.520b, and four counts of second-degree criminal sexual conduct, M.C.L.A. 750.50c. The Court denied the petition for a writ of habeas corpus with prejudice. The Court also denied Petitioner a certificate of appealability but granted Petitioner leave to appeal in forma pauperis. Walden v. Howard, No. 2:22-CV-10341, 2023 WL 2087960 (E.D. Mich. Feb. 17, 2023). Petitioner filed a Notice of Appeal. (ECF No. 9). Petitioner also filed a motion for a certificate of appealability (ECF No. 11). The proper procedure when a district court denies a certificate of appealability, as this Court did, is for the habeas petitioner to file a motion for a certificate of appealability before the appellate court in the appeal from the judgment denying the petition for a writ of habeas corpus or a motion to vacate sentence. See Sims v. U.S., 244 F.3d 509 (6th Cir. 2001)(citing Fed. R. App. P. 22(b)(1)). Petitioner’s request for a certificate of appealability should be directed to the Sixth Circuit. See Hayes v. Horton, 606 F. Supp. 3d 676 , 678 (E.D. Mich. 2022). Accordingly, the Clerk of the Court is ORDERED to transfer the “Motion for a Certificate of Appealability” (ECF No. 11) to the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631 . s/ Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: 4/4/2023