Corey Sparkman v. Warden Robertson

Summary

The United States District Court for the District of South Carolina adopts the Magistrate Judge’s Report and Recommendation and dismisses Corey Sparkman’s successive 28 U.S.C. § 2254 habeas petition without prejudice. The court concludes that Sparkman failed to obtain authorization from the Fourth Circuit to file a successive petition and denies a certificate of appealability.

Holdings

1. A § 2254 petition is successive for purposes of the applicable statutory restrictions even if it raises specific grounds that were not included in an earlier petition; the petitioner must satisfy the statutory requirements for a second or successive application.
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 must conduct de novo review of portions of a Magistrate Judge's report to which specific objections are made and may review unobjected-to portions for clear error.
4. A certificate of appealability should be denied because Sparkman failed to make a substantial showing of the denial of a constitutional right.

Questions Presented

1. Whether Sparkman's § 2254 petition was a second or successive petition requiring prior authorization from the Fourth Circuit.
2. Whether the District Court had jurisdiction to consider the successive § 2254 petition absent authorization under 28 U.S.C. § 2244(b)(3).
3. Whether the Magistrate Judge's Report and Recommendation should be reviewed de novo in light of Sparkman's objections.
4. Whether Sparkman was entitled to a certificate of appealability.

Disposition

dismissed