Opinion
Cause No. 3:06-CV-536 TS.
September 25, 2006
OPINION AND ORDER
Robert Clark, a pro se prisoner, filed this habeas corpus petition attempting to challenge his May 7, 1992, criminal conviction in 18D02-9110-CF-65, in the Delaware Circuit Court, which imposed an 8 year and 3 year consecutive sentences. Mr. Clark previously filed a habeas corpus petition seeking to challenge this same conviction in Clark v. Meloy, 1:04-cv-1461 (S.D. Ind. filed September 7, 2004).
A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed.28 U.S.C. § 2244(b)(1).
Before a second or successive application permitted by [ 28 U.S.C. § 2244(b)(2) which was not presented in a prior application] is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application.28 U.S.C. § 2244(b)(3). Here, Mr. Clark has not obtained an order from the court of appeals. "A district court must dismiss a second or successive petition . . . 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).
For these reasons, the habeas corpus petition is DISMISSED for want of jurisdiction and the in forma pauperis petition is DENIED.
SO ORDERED.