UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

Michigan prisoner Victor Kennard Boone-Bey (“Petitioner”) has filed a pro se petition 

for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He challenges his state court 

convictions for voluntary manslaughter, felon in possession of a firearm, and two counts of 

possession with a firearm during the commission of a felony, all of which were imposed 

following a jury trial in Oakland County Circuit Court in 2001. Petitioner was sentenced as a 

fourth habitual offender to nineteen to sixty years on the manslaughter conviction, a concurrent 

term of six to twenty years imprisonment on the felon-in-possession conviction, and a 

consecutive term of two years imprisonment on the felony firearm convictions. Petitioner has 

filed a prior habeas petition in federal court challenging the same convictions. Therefore, the 

Court must transfer this petition to the United States Court of Appeals for the Sixth Circuit. 

Under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), codified 

at 28 U.S.C. § 2241 et seq., an individual seeking to file a “second or successive” habeas petition 

must ask the appropriate court of appeals for an order directing the district court to consider the 

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

re Wilson, 142 F.3d 939, 940 (6th Cir. 1998). This requirement transfers to the court of appeals a 

VICTOR KENNARD BOONE-BEY, 

 Petitioner, 

 

v. 

CATHERINE BAUMAN, 

 Respondent. 

Case No. 14-cv-14565 

Honorable Laurie J. Michelson 

Magistrate Judge Elizabeth A. Stafford 

ORDER OF TRANSFER 

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screening function which the district court previously performed. Felker v. Turpin, 518 U.S. 651, 

664 (1996). 

Petitioner has already filed a federal habeas petition challenging the same convictions at 

issue in this case, which was denied and dismissed with prejudice. See Boone-Bey v. Vasbinder,

No. 04-CV-74594-DT, 2007 WL 188077 (E.D. Mich. Jan. 22, 2007) (Cleland, J.), aff’d, No. 07-

1465 (6th Cir. Feb. 1, 2008), cert den., 555 U.S. 851 (Oct. 6, 2008). In 2010, Petitioner filed a 

Federal Rule of Civil Procedure 60(b) Motion for Relief from Judgment as to the denial of his 

first petition, which the district court transferred to the Sixth Circuit as a “second or successive” 

petition. Boone-Bey v. Vasbinder, No. 04-CV-74594-DT (E.D. Mich. Nov. 23, 2004), ECF No. 

46. The Sixth Circuit dismissed the case for want of prosecution. Boone-Bey v. Vasbinder, No. 

10-2015 (6th Cir. Aug. 6, 2010), ECF No. 5. Petitioner has not obtained appellate authorization 

to file another habeas petition as required by 28 U.S.C. § 2244(b)(3)(A). 

Accordingly, the Court orders the Clerk of the Court to transfer this case to the United 

States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631 and Sims v. Terbush,

111 F.3d 45, 47 (6th Cir. 1997) (“[W]hen a prisoner has sought § 2244(b)(3) permission from the 

district court, or when a second or successive petition for habeas corpus relief . . . is filed in the 

district court without § 2244(b)(3) authorization from this court, the district court shall transfer 

the document to this court pursuant to 28 U.S.C. § 1631.”). 

IT IS SO ORDERED. 

s/Laurie J. Michelson

LAURIE J. MICHELSON 

UNITED STATES DISTRICT JUDGE 

Dated: December 11, 2014 

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CERTIFICATE OF SERVICE 

The undersigned certifies that a copy of the foregoing document was served on the 

attorneys and/or parties of record by electronic means or U.S. Mail on December 11, 

2014.

 s/Jane Johnson 

Case Manager to 

 Honorable Laurie J. Michelson 

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