Floyd Scott v. L. Lundy

Summary

The United States District Court for the Central District of California summarily dismissed Floyd Scott’s successive 28 U.S.C. § 2254 habeas petition for lack of jurisdiction because he had not obtained authorization from the Ninth Circuit. The court dismissed the petition without prejudice and denied a certificate of appealability.

Holdings

1. The present § 2254 petition was a second or successive habeas petition because it challenged the same 2008 conviction previously challenged in federal habeas proceedings.
2. The district court lacked jurisdiction to consider the successive petition because Scott had not obtained authorization from the Ninth Circuit.
3. A certificate of appealability was denied because reasonable jurists would not debate the correctness of the procedural dismissal.

Questions Presented

1. Whether the petition was a second or successive habeas petition requiring prior authorization from the Ninth Circuit under 28 U.S.C. § 2244(b)(3)(A).
2. Whether the district court had jurisdiction to consider the successive petition without Ninth Circuit authorization.
3. Whether Petitioner was entitled to a certificate of appealability after the procedural dismissal.

Disposition

dismissed