John A. Grimes v. Director, TDCJ-CID

Summary

The United States District Court for the Eastern District of Texas dismissed John A. Grimes’s habeas petition without prejudice as an unauthorized second or successive petition under 28 U.S.C. § 2244(b). The court overruled his objections, denied a certificate of appealability, and explained that authorization must first be obtained from the Fifth Circuit.

Holdings

1. A second § 2254 petition raising the same claims is a successive petition even when the first petition was dismissed as untimely.
2. Claims asserting actual innocence or ineffective assistance of counsel are not categorically exempt from the bar on second or successive habeas petitions; the petitioner must first obtain authorization from the appropriate court of appeals and satisfy one of the grounds in § 2244(b)(2).
3. The district court lacked jurisdiction to consider the unauthorized second or successive habeas petition.

Questions Presented

1. Whether a second § 2254 petition raising the same claims is successive when the first petition was dismissed as untimely.
2. Whether the successive-petition bar is inapplicable to claims of actual innocence or ineffective assistance of counsel.
3. Whether the district court had jurisdiction to consider an unauthorized second or successive habeas petition.
4. Whether the magistrate judge's report and recommendation should be adopted after de novo review of petitioner's objections.

Disposition

dismissed