Summary
The United States District Court for the District of Nevada issued an order dismissing Theodore Stevens' pro se petition for a writ of habeas corpus as a second or successive filing under 28 U.S.C. § 2244(b). Although Stevens attempted to characterize his claim as a jurisdictional challenge under 28 U.S.C. § 2241, the court determined the petition substantively challenges his state conviction under § 2254 and requires prior appellate authorization. Consequently, the court dismissed the petition with prejudice, declined to issue a certificate of appealability, and closed the case.
Topics
Practice areas
Questions Presented
- Whether the petition is barred as a second or successive habeas corpus petition under 28 U.S.C. §2244.
Holdings
- The petition is dismissed with prejudice as a second and successive §2254 habeas corpus petition.
Key quotations
“The Court accordingly dismisses Stevens’ Petition with prejudice as second and successive.”
Factual background
The petitioner, Theodore Stevens, was convicted in 2007 of first‑degree murder. He alleges that his confession was coerced and that Miranda warnings were ineffective. He previously filed a federal habeas petition in 2012 that was denied on the merits.
Procedural history
Stevens filed a pro se §2241 habeas petition challenging his 2007 first‑degree murder conviction on Miranda grounds. He previously filed a federal habeas petition in 2012 that was denied on the merits, with a certificate of appealability granted and the Ninth Circuit affirming the denial. The current petition is therefore a second or successive §2254 petition.