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Woodson v. Superintendent Indiana State Prison

United States District Court, N.D. Indiana, South Bend Division
Oct 10, 2006
No. 3:06-CV-554 PS (N.D. Ind. Oct. 10, 2006)

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.


Summaries of

Woodson v. Superintendent Indiana State Prison

United States District Court, N.D. Indiana, South Bend Division
Oct 10, 2006
No. 3:06-CV-554 PS (N.D. Ind. Oct. 10, 2006)
Case details for

Woodson v. Superintendent Indiana State Prison

Case Details

Full title:RAYMOND WOODSON, JR., Petitioner, v. SUPERINTENDENT INDIANA STATE PRISON…

Court:United States District Court, N.D. Indiana, South Bend Division

Date published: Oct 10, 2006

Citations

No. 3:06-CV-554 PS (N.D. Ind. Oct. 10, 2006)