Turner v. State of Mississippi

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION JOHNNY TURNER PETITIONER ve No. 1:25-ey-175-GHD-DAS STATE OF MISSISSIPPI RESPONDENT ORDER TRANSFERRING CASE TO THE FIFTH CIRCUIT COURT OF APPEALS This matter comes before the court, swe sponte, for consideration of the transfer of this cause. Johnny Turner has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254," [1] Liberally construed, Turner challenges his 2004 conviction and sentence for possession of methamphetamine and manufacture of methamphetamine resulting in a life sentence in the Circuit Court of Oktibbeha County, Mississippi. The petitioner has filed multiple unsuccessful 2254 motions concerning the same conviction which he now seeks to challenge. Turner v. State of Mississippi, et al, 1:09-cv-249-SA-JAD, Turner vy, Denmark, 1:14-cv-198-SA-SAA, Turner vy. King, 1:20cv105-SA-JMV, and Turner y. State of Mississippi, 1:25cv134-SA-DAS. The Antiterrorism and Effective Death Penalty Act requires that before a district court files a second or successive petition, “the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application.” The petitioner has not obtained such an order. Rather than dismissing the petition on this basis, the Fifth Circuit permits district courts to transfer the petition for consideration pursuant to 28 U.S.C. § 2244(a) and (b)(3)(c). See In re Epps, ' Petitioner titled his pleading as a “Motion for Declaratory Judginent.” The Court has construed this pleading as an ° seek habeas relief and ordered Turner to submit a completed 2254 form. [5]. However, Turner has not complied 127 F.3d 364, 365 (5" Cir. 1997). Therefore, in the interest of justice and judicial economy, it is ORDERED: 1) That this petition will be transferred to the Fifth Circuit Court of Appeals for the petitioner to seek leave to file this successive § 2254 petition; 2) That the Clerk of Court is directed to transfer this petition and the entire record to the Fifth Circuit Court of Appeals in accordance with 28 U.S.C. §2244(a) and (b)(3)(c), and In re Epps, 127 F.3d at 365; and 3) That this case is CLOSED. SO ORDERED, this, the 54 day of March, 2026. Alp Hy Wowlee~ SENIOR U.S. DISTRICT JUDGE