REYES, JR.
v.
SECRETARY, DEPARTMENT OF CORRECTIONS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A federal district court cannot consider a second or successive habeas corpus petition without prior authorization from the Eleventh Circuit Court of Appeals.
Petitioner filed a Petition for Writ of Habeas Corpus challenging prior convictions. He had previously filed a similar petition which was dismissed wi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Second or Successive Petition cases and more on FLexlaw
This cause is before the Court on the Petition for Writ of Habeas Corpus (“Petition,” Doc. 1) filed by Robert Reyes, Jr.} Petitioner previously filed case number 6:12-cv-334-Orl-19-GJK which attacked the same 2005 convictions and sentences that Petitioner challenges in the present case. That case was dismissed with prejudice on April 16, 2013.
Thus, the Petition is a second or successive application.
Before Petitioner will be permitted to file a second or successive habeas
corpus application in this Court, he must move in the Eleventh Circuit Court of Appeals for an order authorizing the district court to consider the application. See 28 U.S.C. § 2244(b)(8)(A). Consequently, this case will be dismissed without prejudice to allow Petitioner the opportunity to seek authorization from the Eleventh Circuit Court of Appeals.
Petitioner should be aware that § 2244(b)(2) limits the circumstances ‘under which the Court of Appeals will authorize the filing of a second or successive habeas corpus petition. Furthermore, 28 U.S.C. § 2244(d) imposes
a time-limitation on the filing of a habeas corpus petition. Petitioner, in seeking relief in the Court of Appeals, should be cognizant of these provisions. Accordingly, it is ORDERED and ADJUDGED as follows:
1. The Petition for Writ of Habeas Corpus (Doc. 1) is DENIED without prejudice. 2. This case is DISMISSED without prejudice. 3. The Clerk of the Court is directed to close this case and to send
Petitioner an “Application for Leave to File a Second or Successive Habeas
Corpus Petition 28 U.S.C. § 2244(b) By a Prisoner in State Custody” form. rw DONE and ORDERED in Orlando, Florida on Marchj 2, 202%
JMHN ANTOON II
UNITED STATES DISTRICT JUDGE
Copies furnished to: Unrepresented Party