Gregory D. Daniels v. Warden of Allendale Correctional Institution

Summary

The document is a Report and Recommendation addressing Gregory D. Daniels’s second petition for a writ of habeas corpus under 28 U.S.C. § 2254. The magistrate judge recommends dismissal because the petition is successive and was filed without authorization from the Fourth Circuit under 28 U.S.C. § 2244(b)(3).

Holdings

1. A petitioner may not file a second or successive § 2254 petition in the district court without first obtaining authorization from the appropriate court of appeals under 28 U.S.C. § 2244(b)(3).
2. Absent pre-filing authorization from the Fourth Circuit, the district court lacks jurisdiction to consider the successive § 2254 petition.

Questions Presented

1. Whether the present § 2254 petition is a second or successive habeas petition requiring authorization from the Fourth Circuit under 28 U.S.C. § 2244(b)(3) before filing in the district court.
2. Whether the district court has jurisdiction to consider the successive petition absent the required appellate authorization.

Disposition

dismissed