John Bernard Robinson v. SCDC et al. Warden Jackson

Summary

The United States District Court for the District of South Carolina dismissed John Bernard Robinson’s second or successive petition for habeas corpus relief under 28 U.S.C. § 2254. The court held that Robinson was required to obtain authorization from the Fourth Circuit before filing and that the district court lacked jurisdiction because authorization had been denied. The dismissal was without prejudice to seeking such authorization, and the court denied Robinson’s motion to present a question of law.

Holdings

1. A second § 2254 petition attacking the same conviction is second or successive when the first petition was finally adjudicated, and Robinson's present petition was second or successive because his prior petition concerning the same conviction had been denied.
2. A petitioner must obtain authorization from the appropriate court of appeals before filing a second or successive § 2254 petition in the district court.
3. The district court lacked jurisdiction to consider Robinson's successive § 2254 petition after the Fourth Circuit denied authorization.
4. The motion to present a question of law regarding the § 2254 application was denied.
5. A certificate of appealability was denied because Robinson failed to make the required showing of the denial of a constitutional right.

Questions Presented

1. Whether the present § 2254 petition was a second or successive petition challenging the same conviction.
2. Whether the district court had jurisdiction to consider the petition after the Fourth Circuit denied authorization to file a second or successive habeas application.
3. Whether Petitioner's motion to present a question of law regarding the § 2254 application should be granted.
4. Whether a certificate of appealability should issue.

Disposition

dismissed