Summary
This unpublished order from the United States Court of Appeals for the Fifth Circuit denies movant Eugenio Fernandez Mendez’s motion seeking authorization to file a second or successive 28 U.S.C. § 2254 habeas corpus application. The court explains that under 28 U.S.C. § 2244(b), it cannot authorize claims previously raised in an initial application, nor can it authorize new claims unless the movant makes a prima facie showing that they rely on a newly made retroactive constitutional rule or could not have been discovered earlier with due diligence. Finding that Mendez failed to meet these statutory requirements, the court denies his request.
Topics
Practice areas
Questions Presented
- Whether the movant satisfied the prima facie requirements of 28 U.S.C. § 2244(b)(2) and (b)(3)(C) to obtain authorization for a successive habeas petition.
Holdings
- The motion is denied because the movant failed to make the required showing under 28 U.S.C. § 2244(b)(2) and (b)(3)(C).
Key quotations
“Accordingly, IT IS ORDERED that his motion for authorization to file a successive § 2254 application is DENIED.” (at 1)
Factual background
Eugenio Fernandez Mendez, a Texas prisoner (ID #1159660), was convicted of murder. He alleges prosecutorial misconduct and ineffective assistance of counsel and seeks to file a successive habeas petition under 28 U.S.C. § 2254.
Procedural history
Movant filed a motion seeking authorization to file a second habeas petition; the Fifth Circuit denied the motion.