Opinion
No. 3:06-CV-554 PS.
October 10, 2006
OPINION AND ORDER
On September 6, 2006, Raymond Woodson, Jr., a pro se prisoner, filed this habeas corpus petition attempting to challenge his criminal conviction in CR71-1300 on December 29, 1971 in Marion Superior Court. Petitioner Woodson previously filed a habeas corpus petition seeking to challenge this same conviction in Woodson v. Superintendent Indiana State Prison, 3:06-CV-328 (N.D. Ind. filed May 22, 2006). "A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed." 28 U.S.C. § 2244(b)(1). Furthermore,
Before a second or successive application permitted by [ 28 U.S.C. § 2244(b)(2) which was not presented in a prior application] 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)(A). Here, Woodson has not obtained an order from the court of appeals. "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, the petition is DISMISSED for want of jurisdiction.
SO ORDERED.