UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RUFUS LANGO,

Petitioner,

v. Case Number: 09-CV-12290

Honorable Avern Cohn

BARRY DAVIS,

Respondent.

___________________________/

ORDER TRANSFERRING CASE TO THE UNITED STATES COURT OF

APPEALS FOR THE SIXTH CIRCUIT PURSUANT TO 28 U.S.C. §

2244(b)(3)(A)

Petitioner Rufus Lango, a state prisoner currently incarcerated at the

Newberry Correctional Facility in Newberry, Michigan, filed a pro se petition for

writ of habeas corpus pursuant to 28 U.S.C. § 2254. In 2004, Petitioner was

convicted of (1) felony murder, MICH. COMP. LAWS § 750.316B, (2) three counts of

assault with intent to rob while armed, MICH. COMP. LAWS § 750.89, (3) assault

with intent to murder, MICH. COMP. LAWS § 750.83, and (4) felony firearm, MICH.

COMP. LAWS § 750.227BA, in the Wayne County, Michigan, Circuit Court. He was

sentenced to life in prison for the murder conviction, three eighteen- to thirty-year

terms for the assault convictions, and the mandatory two years in prison for the

felony-firearm conviction. Petitioner filed a prior petition in federal court

challenging the same convictions and sentences, which was dismissed. See

Lango v. Lafler, No. 06-CV-12228 (E.D. Mich. Feb. 3, 2009) (Battani, J.). For the

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2

following reasons, the Court concludes that it must transfer this case to the

United States Court of Appeals for the Sixth Circuit.

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”),

codified at 28 U.S.C. § 2241 et seq, amended 28 U.S.C. §§ 2244, 2253, and

2254, govern habeas corpus proceedings in federal courts. Pursuant to those

amendments, 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. See 28 U.S.C. § 2244(b)(3)(A); Stewart v.

Martinez-Villareal, 523 U.S. 637, 641 (1998). This requirement transfers to the

court of appeals a screening function which the district court previously

performed. Felker v. Turpin, 518 U.S. 651, 664 (1996).

Petitioner has not obtained appellate authorization to file a subsequent

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).

SO ORDERED.

 s/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: June 22, 2009

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I hereby certify that a copy of the foregoing document was mailed to the attorneys

of record and Rufus Lango #498304 at Newberry Correctional Facility, 3001

Newberry Avenue, Newberry, MI 49868-1340 on this date, June 22, 2009, by

electronic and/or ordinary mail.

 s/LaShawn R. Saulsberry 

Case Manager, (313) 234-5160

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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RUFUS LANGO,

Petitioner,

v. Case Number: 09-CV-12290

Honorable Avern Cohn

BARRY DAVIS,

Respondent.

___________________________/

ORDER TRANSFERRING CASE TO THE UNITED STATES COURT OF

APPEALS FOR THE SIXTH CIRCUIT PURSUANT TO 28 U.S.C. §

2244(b)(3)(A)

Petitioner Rufus Lango, a state prisoner currently incarcerated at the

Newberry Correctional Facility in Newberry, Michigan, filed a pro se petition for

writ of habeas corpus pursuant to 28 U.S.C. § 2254. In 2004, Petitioner was

convicted of (1) felony murder, MICH. COMP. LAWS § 750.316B, (2) three counts of

assault with intent to rob while armed, MICH. COMP. LAWS § 750.89, (3) assault

with intent to murder, MICH. COMP. LAWS § 750.83, and (4) felony firearm, MICH.

COMP. LAWS § 750.227BA, in the Wayne County, Michigan, Circuit Court. He was

sentenced to life in prison for the murder conviction, three eighteen- to thirty-year

terms for the assault convictions, and the mandatory two years in prison for the

felony-firearm conviction. Petitioner filed a prior petition in federal court

challenging the same convictions and sentences, which was dismissed. See

Lango v. Lafler, No. 06-CV-12228 (E.D. Mich. Feb. 3, 2009) (Battani, J.). For the

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2

following reasons, the Court concludes that it must transfer this case to the

United States Court of Appeals for the Sixth Circuit.

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”),

codified at 28 U.S.C. § 2241 et seq, amended 28 U.S.C. §§ 2244, 2253, and

2254, govern habeas corpus proceedings in federal courts. Pursuant to those

amendments, 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. See 28 U.S.C. § 2244(b)(3)(A); Stewart v.

Martinez-Villareal, 523 U.S. 637, 641 (1998). This requirement transfers to the

court of appeals a screening function which the district court previously

performed. Felker v. Turpin, 518 U.S. 651, 664 (1996).

Petitioner has not obtained appellate authorization to file a subsequent

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).

SO ORDERED.

 s/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: June 22, 2009

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I hereby certify that a copy of the foregoing document was mailed to the attorneys

of record and Rufus Lango #498304 at Newberry Correctional Facility, 3001

Newberry Avenue, Newberry, MI 49868-1340 on this date, June 22, 2009, by

electronic and/or ordinary mail.

 s/LaShawn R. Saulsberry 

Case Manager, (313) 234-5160

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