In re: Peter Gakuba

Summary

The District Court of the Virgin Islands overruled Peter Gakuba’s objection to a magistrate judge’s Report and Recommendation. The court adopted the recommendation, dismissed his habeas corpus petitions with prejudice as second or successive petitions, denied a certificate of appealability, and closed the case.

Holdings

1. The court found no error in the Report and Recommendation after de novo review, overruled Gakuba's objection, and approved and adopted the recommendation as an order of the court.
2. The court dismissed the Petition for Writ of Habeas Corpus and the Motion for 2254 Habeas Corpus Writ with prejudice for lack of subject matter jurisdiction as second or successive petitions.
3. The court denied a certificate of appealability.

Questions Presented

1. Whether the district court should adopt the magistrate judge's recommendation to dismiss Gakuba's habeas filings for lack of subject matter jurisdiction because they were second or successive petitions.
2. Whether Gakuba was entitled to a certificate of appealability.

Disposition

dismissed