UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

NAPOLEAN DERRON WATKINS, 

Petitioner,

v. CASE NO.2:14-CV-13200

HONORABLE SEAN F. COX

ERICA HUSS,1 UNITED STATES DISTRICT JUDGE

Respondent.

_________________________________/

OPINION AND ORDER (1) REOPENING THE CASE TO THE COURT’S ACTIVE

DOCKET, AND (2) TRANSFERRING PETITIONER’S LETTER [DKT. # 24] TO THE

COURT OF APPEALS PURSUANT TO 28 U.S.C. § 2244(b)(3)(A)

Napolean Derron Watkins, (“petitioner”), filed a petition for a writ of habeas corpus pursuant

to 28 U.S.C. § 2254, challenging his conviction for assault with intent to murder, carrying a

concealed weapon, possession of a firearm by a felon, and possession of a firearm during the

commission of a felony. The petition was denied with prejudice. Watkins v. Nepel, No.

2:14-CV-13200, 2017 WL 2117896 (E.D. Mich. May 16, 2017); app. dism. No. 17-1702 (6th Cir.

Oct. 26, 2017). 

Petitioner sent a letter to this Court, in which he again challenges the constitutionality of his

conviction and seeks help from this Court. This Court construes this letter as a petition for a writ

of habeas corpus brought pursuant to 28 U.S.C. § 2254.2

1 Petitioner has been moved and is now housed at the Marquette Branch Prison, where his warden is Erica

Huss. The caption is amended to reflect the change.

2

 Petitioner appears to seek relief from his conviction; this Court should construe his letter as a petition for a

writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. See e.g. Simpson v. Caruso, 355 F.App’x 927, 930 (6th

Cir. 2009). 

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For the following reasons, the Court orders the Clerk of the Court to reopen the case to the

Court’s active docket. The Court further orders that petitioner’s letter [Dkt. # 24] be transferred to

the Court of Appeals pursuant to 28 U.S.C. § 2244(b)(3)(A). 

II. Discussion

The Court directs the Clerk of the Court to reopen the case to the Court’s active docket in

order to facilitate the adjudication of petitioner’s letter. See Heximer v. Woods, No. 2:08-CV-14170,

2016 WL 183629, at *1 (E.D. Mich. Jan. 15, 2016).

An individual seeking to file a second or successive habeas petition must first ask the

appropriate court of appeals for an order authorizing the district court to consider the petition. See

28 U.S.C. § 2244(b)(3)(A); Stewart v. Martinez-Villareal, 523 U.S. 637, 641 (1998). Congress has

vested in the court of appeals a screening function that the district court would have performed

otherwise. Felker v. Turpin, 518 U.S. 651, 664 (1996). Under the provisions of the Antiterrorism

and Effective Death Penalty Act (AEDPA), a federal district court does not have jurisdiction to

entertain a successive post-conviction motion or petition for a writ of habeas corpus in the absence

of an order from the court of appeals authorizing the filing of such a successive motion or petition.

See Ferrazza v. Tessmer, 36 F. Supp. 2d 965, 971 (E.D. Mich. 1999)). When a habeas petitioner

files a second or successive petition for habeas corpus relief in the district court without

preauthorization from the court of appeals, the district court must transfer the document to the court

of appeals. See In re Sims, 111 F.3d 45, 47 (6th Cir.1997).

Petitioner’s letter is an attempt to file second or successive habeas petition because petitioner

may be seeking to re-litigate the claims that he previously raised in his prior habeas petition. See In

re Bowling, 422 F.3d 434, 440 (6th Cir. 2005). To the extent that petitioner seeks to raise new

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claims in his letter, this would also amount to a second or successive habeas petition. See Brooks

v. Bobby, 660 F.3d 959, 962 (6th Cir. 2011). 

Accordingly, the Clerk of Court is ordered to transfer petitioner’s request for relief to the

United States Court of Appeals for the Sixth Circuit pursuant to Sims and 28 U.S.C. § 1631. See

Galka v. Caruso, 599 F. Supp. 2d 854, 857 (E.D. Mich. 2009).

ORDER

The Court ORDERS that:

(1) The Clerk of the Court reopen the case to the Court’s Active Docket.

(2) The Clerk of the Court is ORDERED to transfer petitioner’s letter filed October

11, 2017 [Dkt. # 24] to the United States Court of Appeals for the Sixth Circuit for

authorization to file a subsequent petition as required by 28 U.S.C. § 2244(b)(3)(A)

pursuant to 28 U.S.C. § 1631.

Dated: January 12, 2018 s/Sean F. Cox 

Sean F. Cox

U. S. District Judge

I hereby certify that on January 12, 2018, the foregoing document was served on counsel of record

via electronic means and upon Napolean Watkins via First Class mail at the address below:

Napolean Watkins 704896 

MARQUETTE BRANCH PRISON 

1960 U.S. HWY 41 SOUTH 

MARQUETTE, MI 49855 

s/J. McCoy

Case Manager 

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