Bennie Johnson, Jr. v. Director, TDCJ-CID

Summary

The United States District Court for the Eastern District of Texas dismissed Bennie Johnson, Jr.’s habeas petition as a successive petition filed without authorization from the Fifth Circuit under 28 U.S.C. § 2244(b)(3). The court overruled Johnson’s objections, adopted the magistrate judge’s Report and Recommendation, and dismissed the petition with prejudice to refiling without authorization but without prejudice to refiling after authorization is obtained. The court also denied a certificate of appealability sua sponte.

Holdings

1. A Rule 60(b) motion that advances new grounds for habeas relief, including new claims concerning DNA evidence and alleged constitutional errors, qualifies as a second or successive habeas petition rather than a true procedural Rule 60(b) motion.
2. The district court lacks jurisdiction to consider a second or successive habeas petition unless the petitioner first obtains authorization from the appropriate court of appeals.
3. Assertions that newly discovered facts or actual innocence may satisfy the statutory grounds for authorization do not permit a district court to consider a successive petition before the Fifth Circuit grants authorization.
4. A certificate of appealability is denied sua sponte as to an appeal from this case.

Questions Presented

1. Whether Johnson's Rule 60(b) motion was actually a second or successive habeas petition because it advanced new grounds for relief.
2. Whether the district court had jurisdiction to consider the successive petition absent authorization from the Fifth Circuit under 28 U.S.C. § 2244(b)(3).
3. Whether the district court should reject Johnson's objections and adopt the magistrate judge's recommendation of dismissal.
4. Whether a certificate of appealability should issue.

Disposition

dismissed