*1 Case: 5:21-cr-00882-DCN Doc #: 145 Filed: 06/04/25 1 of 2. PageID #: 696
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA, Case No. 5:21 CR882
Plaintiff, JUDGE DONALD C. NUGENT -vs-
MEMORANDUM OPINION JIMMIE L. WASHINGTON, AND ORDER
Defendant. This case is before the Court on Defendant, Jimmie Washington's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, and the Supplement to that motion. (ECF # 140,141). Mr. Washington previously filed a §2255 motion to vacate on Jime 23,2022, which was denied. (ECF #50, 61). This is, therefore, Mr. Washington's fourth petition for habeas relief following the denial of his original motion under §2255. (ECF #63, 68,98,107,108,116, 122,124,131). Section 2255 provides that:
A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain —
(1) newly discovered evidence that, ifproven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or
Case: 5:21-cr-00882-DCN Doc #: 145 Filed: 06/04/25 2 of 2. PageID #: 697
(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.
See 28 U.S.C. § 2255(h).
Because Mr. Washington failed to receive authorization from the Sixth Circuit to file this successive § 2255 motion, the motion may not be reviewed by the Court at this juncture. Therefore, the Clerk of Court is directed to transfer Mr. Washington's instant motion to the Sixth Circuit Court of Appeals pursuant to In re Sims, 111 F.3d 45,47 (6th Cir. 1997).
IT IS SO ORDERED.
/s/ Donald C. Nugent Donald C. Nugent Date: June 4. 2025 United States District Judge