Opinion
21-3090
06-03-2021
In re: ROBERT L. BROWN, JR., Movant.
(D.C. No. 5:19-CV-03216-SAC) (D. Kan.)
Before HARTZ, BACHARACH, and CARSON, Circuit Judges.
ORDER
Robert L. Brown, Jr., proceeding pro se, has filed a motion seeking authorization to file a second or successive 28 U.S.C. § 2254 habeas petition. We deny his motion.
In 2013, Mr. Brown was convicted in Kansas state court of attempted first-degree murder and aggravated robbery. He was sentenced to 247 months' imprisonment. The Kansas Court of Appeals affirmed his convictions and sentence.
In 2019, Mr. Brown filed his first § 2254 habeas petition. The district court denied the petition as time-barred. We denied Mr. Brown's request for a certificate of appealability (COA) and then denied his petition for rehearing.
Although Mr. Brown captions his motion as one seeking authorization to file a second or successive § 2254 habeas petition, he does not address the standard for authorization in 28 U.S.C. § 2244(b)(2) or how he can meet it. Instead he complains about his first § 2254 petition being denied as untimely and this court's denial of his request for a COA. Because he has failed to identify any new rule of constitutional law or newly discovered evidence as § 2244(b)(2) requires, we deny authorization. This denial of authorization "shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari." 28 U.S.C. § 2244(b)(3)(E). We also deny as unnecessary Mr. Brown's motion for extension of time.