Washington v. Diguglielmo

Full title: MILTON SIMON WASHINGTON v. David Diguglielmo, et al

Court: United States District Court, E.D. Pennsylvania

Date published: Oct 23, 2007

CIVIL ACTION NO. 07-3974 (E.D. Pa. Oct. 23, 2007)

Opinion

CIVIL ACTION NO. 07-3974.

October 23, 2007

MEMORANDUM OPINION

JOHN FULLAM, Senior District Judge

Petitioner, Milton Simon Washington, is a state prisoner at SCI Graterford. Mr. Washington has filed a petition seeking habeas corpus relief pursuant to 28 U.S.C. § 2254. A previously filed petition was dismissed with prejudice in Civil Action No. 92-6093.

The "second and successive" rule of 28 U.S.C. § 2244(b) requires that the petitioner obtain leave from the Court of Appeals before filing petitions for habeas corpus if a previous petition has been dismissed with prejudice. Until the Court of Appeals grants such leave, this Court lacks jurisdiction to consider Mr. Washington's petition.

An Order follows.