Micheau v. Superintendent

Full title: ROBERT J. MICHEAU, Petitioner, v. SUPERINTENDENT, Respondent

Court: United States District Court, N.D. Indiana, Fort Wayne Division

Date published: Apr 3, 2008

NO. 1:07-CV-291 (N.D. Ind. Apr. 3, 2008)

Opinion

NO. 1:07-CV-291.

April 3, 2008

OPINION AND ORDER

RUDY LOZANO, District Judge

This matter is before the Court on the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (D.E. # 1) filed November 19, 2007, by the Petitioner, Robert J. Micheau. For the reasons set forth below, this Habeas Corpus Petition is DENIED for lack of jurisdiction.

BACKGROUND

DISCUSSION

pro se Micheau v. Superintendent Micheau v. Penrod28 U.S.C. § 2244

Before a second or successive application permitted by this section 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). Micheau has not been authorized to bring a second or successive petition by the Seventh Circuit. "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). Therefore any previously unpresented claims must also be dismissed.

CONCLUSION

For the reasons set forth above, this Habeas Corpus Petition is DENIED for lack of jurisdiction.