UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

ADRIAN CEDRIC KING, # 312674, 

 Petitioner, Case No. 14-cv-14861 

v. Honorable Thomas L. Ludington 

ROBERT NAPEL, 

 Respondent. 

__________________________________________/

OPINION AND ORDER TRANSFERRING CASE TO THE UNITED STATES COURT 

OF APPEALS FOR THE SIXTH CIRCUIT 

 Petitioner Adrian Cedric King, a Michigan state prisoner, has filed a pro se petition for a 

writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons set forth below, this is a 

successive habeas corpus petition and, therefore, it will be transferred to the United States Court 

of Appeals for the Sixth Circuit, pursuant to 28 U.S.C. § 16311

 and 28 U.S.C. § 2244(b)(3)(A).

 King challenges his 2005 convictions for assault with intent to commit murder, Mich. 

Comp. Laws § 750.83, being a felon in possession of a firearm, Mich. Comp. Laws § 750.224f, 

discharging a firearm toward a building, Mich. Comp. Laws § 750.234b, and possession of a 

firearm during the commission of a felony, Mich. Comp. Laws § 750.227b. In 2007, King filed a 

habeas corpus petition in this Court challenging the same convictions challenged in this current 

petition. The petition was denied on the merits. See January 18, 2011 Opinion and Order 

Denying Petition for Writ of Habeas Corpus, King v. Capello, 07-cv-15134, ECF No. 21.

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 28 U.S.C. § 1631 provides, in relevant part: 

Whenever a civil action is filed in a court . . . and that court finds that there is a want of 

jurisdiction, the court shall, if it is in the interest of justice, transfer such action or appeal to any 

other such court in which the action or appeal could have been brought at the time it was filed or 

noticed . . . 

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 Before a prisoner may file a habeas petition challenging a conviction already challenged 

in a prior habeas petition, the prisoner must “move in the appropriate court of appeals for an 

order authorizing the district court to consider the application.” 28 U.S.C. § 2244(b)(3)(A). 

Petitioner’s prior habeas petition was dismissed on the merits. Petitioner has not obtained from 

the Court of Appeals for the Sixth Circuit authorization to file a successive petition in this court. 

The Sixth Circuit has held that when a second or successive petition for habeas corpus relief is 

filed in the district court without prior authorization, the district court must transfer the petition 

to the Court of Appeals pursuant to 28 U.S.C. § 1631. In re Sims, 111 F.3d 45, 47 (6th Cir. 

1997).

 Accordingly, it is ORDERED that the Clerk of Court TRANSFER this case, 14-cv14861, to the United States Court of Appeals for the Sixth Circuit. 

Dated: January 21, 2015 s/Thomas L. Ludington

 THOMAS L. LUDINGTON 

 United States District Judge 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon Adrian King #312674 at Marquette Branch Prison, 1960 U.S. Hwy 

41 South, Marquette, MI 49855 by first class U.S. mail on January 21, 

2015. 

 s/Tracy A. Jacobs 

 TRACY A. JACOBS 

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