Opinion
4:18-cr-247-DPM
08-30-2024
UNITED STATES OF AMERICA PLAINTIFF v. LLOYD BOOTH Reg. No. 31971-009 DEFENDANT
ORDER
D.P. Marshall Jr., United States District Judge
Booth's motion, Doc. 33, is denied without prejudice for lack of jurisdiction. This is a second or successive habeas petition; and Booth must get permission from the United States Court of Appeals for the Eighth Circuit before this Court can proceed. 28 U.S.C. § 2244(b)(3)(A). Booth relies on a Mississippi District Court decision in arguing that the felon in possession statute is unconstitutional. United States v. Bullock, 679 F.Supp.3d 501, 506 (S.D.Miss. 2023). But the Court of Appeals recently held that the statute is constitutional. United States v. Jackson, No. 22-2870, slip op. at 8-9 (8th Cir. 8 August 2024). No certificate of appealability will issue. 28 U.S.C. § 2253(c)(1)-(2).
So Ordered.