LAW.coLAW.co

In re Shawn BURTON, Movant

United States Court of Appeals for the Fifth Circuit2016-01-21No. No. 15-60772
631 F. App'x 236

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM:

Shawn Burton, Mississippi prisoner # 82975, has filed a request for a certificate of appealability (COA), which we construe as a notice of appeal from the district court’s order transferring Burton’s second 28 U.S.C. § 2254 habeas application to this court, pursuant to 28 U.S.C. § 1631, and as a motion seeking authorization to file a successive § 2254 application.

The district court transferred Burton’s § 2254 application challenging his robbery conviction to this court for a determination whether a successive application should be allowed. Burton has not met the requirements for filing a successive § 2254 application. Nee 28 U.S.C. § 2244(b).

Accordingly, leave to file a successive application is DENIED, and the transfer order is AFFIRMED. Burton’s motion for a COA is DENIED as unnecessary. See United States v. Fulton, 780 F.3d 683, 688 (5th Cir.), cert. denied, — U.S.-, 136 S.Ct. 431, 193 L.Ed.2d 335 (2015).

"Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.