Opinion
Civil Action No. 06-cv-2166.
June 29, 2006
MEMORANDUM AND ORDER
On May 23, 2006, petitioner filed the above-captioned petition in this court seeking Habeas Corpus relief pursuant to 28 U.S.C. § 2254. Petitioner has filed a previous petition in this court pursuant to 28 U.S.C. § 2254, labeled 91-cv-6605, which attacked the same conviction and/or sentence, and which was considered, and denied, on the merits. In such circumstances, the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. §§ 2241- 2266, provides in relevant part that before such a second or successive petition is filed in the district court, the prisoner must first get permission to file in the district court from the circuit court, pursuant to 28 U.S.C. § 2244(b)(3)(A), and that without such circuit permission, the district court lacks subject matter jurisdiction to consider such a habeas petition. Stewart v. Martinez-Villaeral, 523 U.S. 637 (1998);Felker v. Turpin, 518 U.S. 651 (1996); Benchoff v. Colleran, 404 F.3d 812 (3d Cir. 2005); In re Minarik, 166 F.3d 591 (3d Cir. 1999).
In the instant case, the relevant prior case was dismissed on the merits of the case.
Accordingly, this 29th Day of June, 2006, it is hereby ORDERED as follows:
1. This civil action is DISMISSED WITH PREJUDICE on the grounds that this court lacks subject matter jurisdiction over it.
2. The Clerk of the United States District Court for the Eastern District of Pennsylvania shall mark this matter as CLOSED in this court for all purposes, including statistics.