REPORT AND RECOMMENDATIONS

MICHAEL R. MERZ, Magistrate Judge.

This capital habeas corpus case is before the Court on the Sixth Circuit's dismissal of the proceeding before it on the question whether to grant Henness permission to proceed with the case, given that this Court had determined that the case was a second or successive habeas corpus application.

On February 27, 2018, the District Court determined that this was a second or successive case and ordered it transferred to the circuit court (ECF No. 58). The case was thereupon transferred and assigned Sixth Circuit Case No. 18-3184. On March 28, 2018, Henness moved to dismiss the transferred cause "in lieu of filing the second or successive petition form pursuant to 6th Cir. R. 22." (Motion to Voluntarily Dismiss, ECF No. 8 in Case No. 18-3184). On April 3, 2018, the Sixth Circuit granted that motion (ECF No. 61), effectively returning the case to this Court.

Because the case is second or successive, this Court has no jurisdiction to consider it on the merits without circuit court permission which Henness has now refused to seek. Franklin v. Jenkins, 839 F.3d 465(6th Cir. 2016); Burton v. Stewart, 549 U.S. 147 (2007). It is accordingly respectfully recommended that the Petition herein be dismissed without prejudice for lack of jurisdiction. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis.