Opinion
No. 05-11033.
February 27, 2007.
Jeffrey Scott Cashdan, King Spalding, Atlanta, GA, for Petitioner-Appellant.
Yvette Rhodes, Tampa, FL, for Respondent-Appellee.
Appeal from the United States District Court for the Middle District of Florida. D.C. Docket Nos. 03-01443 CV-T-23TBM, 97-00273-CR-T-2.
After reviewing the record and reading the parties' briefs, we affirm the district court's order denying Terry's second 28 U.S.C. § 2255 motion. Under § 2244(b)(4), a district court shall dismiss any claim presented in a second or successive application that does not meet the requirements set forth in § 2244(b)(2). See, e.g., In re Morris, 328 F.3d 739, 740-41 (5th Cir. 2003) (granting petitioner's application for leave to file a successive motion, but noting that the district court would dismiss petitioner's motion without reaching the merits if it determined that the petitioner did not satisfy the requirements in § 2244(b)(2)). The district court properly concluded that none of Terry's claims satisfied these requirements. Accordingly, we affirm the district court's order.
AFFIRMED.