Opinion
CAUSE NO. 3:14-CV-1758 PS
08-01-2014
SAMMIE L. BOOKER-EL., Petitioner, v. SUPERINTENDENT Respondent.
OPINION AND ORDER
Sammie L. Booker-El, a pro se prisoner, filed a habeas corpus petition attempting to challenge his 2002 conviction and 40 year sentence on three counts of child molestation by the Madison Circuit Court under cause number 48C01-0112-CF-398. This is not the first time that Booker-El has filed a habeas corpus petition challenging that conviction. In Booker v. Superintendent, 3:08-CV-271 (N.D. Ind. filed June 4, 2008), Booker-El challenged the same conviction and sentence that he is challenging here. The court denied the petition and entered judgment on February 3, 2010. Therefore this case is a successive habeas corpus petition. However, it has not been authorized by the Seventh Circuit.
This court lacks jurisdiction to hear an unauthorized successive habeas corpus petition. 28 U.S.C. § 2244(b)(3)(A). "A district court must dismiss a second or successive petition, without awaiting any response from the government, unless the court of appeals has given approval for its filing." Nunez v. United States, 96 F.3d 990, 991 (7th Cir. 1996) (emphasis in original). Because Booker has not obtained authorization from the Seventh Circuit to file a successive petition, this case is DISMISSED for want of jurisdiction.
SO ORDERED.
ENTERED: August 1, 2014
/s/ Philip P. Simon
Chief Judge
United State District Court