Legal Opinion

In Re Jonathan Sims, Janice v. Terbush

Court of Appeals for the Sixth Circuit

Decided April 15, 1997No. 97-0110PublishedCited by 502 opinions

1Per curiam

On July 15, 1996, Jonathan Sims filed a second motion to vacate his sentence under 28 U.S.C. § 2255. The district court, noting that Sims failed to obtain authorization to file his second § 2255 motion as required by 28 U.S.C. § 2244(b)(3), transferred the motion to this court pursuant to 28 U.S.C. § 1631. After his § 2255 motion was transferred, Sims filed a separate request under Sixth Circuit Rule 33 and § 2244(b)(3) seeking permission to file his second § 2255 motion in the district court.

Under § 2244(b)(3), state prisoners seeking to file a second or successive request for a writ of…

2Cases cited8 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. McCleskey v. ZantSupreme Court of the United States · 1991
  3. Felker v. TurpinSupreme Court of the United States · 1996
  4. Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
  5. Lonchar v. ThomasSupreme Court of the United States · 1996

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3Cited by502 opinions

  1. Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  2. James Charles, (98-5747), Movant (98-0539) v. Ernest v. Chandler, WardenCourt of Appeals for the Sixth Circuit · 1999
  3. Donald Burns v. Willis E. Morton, Superintendent Peter Verniero, the Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1998
  4. United States v. BarrettCourt of Appeals for the First Circuit · 1999
  5. Spotville v. CainCourt of Appeals for the Fifth Circuit · 1998

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