Jose Enrique Mendiola v. Dexter Payne, Director, Arkansas Division of Correction

Summary

The document is proposed findings and recommendations in Jose Enrique Mendiola’s successive petition for a writ of habeas corpus under 28 U.S.C. § 2254. The magistrate judge recommends dismissal without prejudice because Mendiola did not obtain authorization from the Eighth Circuit to file a second or successive habeas petition.

Holdings

1. A district court lacks jurisdiction to consider a second or successive federal habeas petition unless the petitioner first obtains authorization from the appropriate court of appeals under 28 U.S.C. § 2244(b)(3).
2. An unauthorized second or successive § 2254 petition should be dismissed without prejudice so that the petitioner may refile if the court of appeals grants authorization.

Questions Presented

1. Whether the district court had jurisdiction to consider Mendiola's § 2254 petition when he had previously filed a federal habeas petition but had not obtained Eighth Circuit authorization to file a second or successive petition.
2. Whether the petition should be dismissed without prejudice pending any authorization from the Eighth Circuit.

Disposition

dismissed