Jaime Rodriguez Neri v. Director, TDCJ-CID

Summary

A United States magistrate judge recommends dismissing Jaime Rodriguez Neri’s successive 28 U.S.C. § 2254 habeas petition without prejudice for lack of jurisdiction. The recommendation explains that Neri did not obtain authorization from the Fifth Circuit to file a successive petition as required by 28 U.S.C. § 2244(b)(3), and advises that objections be filed within 14 days of service.

Holdings

1. A district court lacks jurisdiction to consider a second or successive § 2254 habeas petition unless the petitioner first obtains authorization from a three-judge panel of the Fifth Circuit under 28 U.S.C. § 2244(b)(3).
2. Dismissal without prejudice for lack of jurisdiction, rather than transfer to the court of appeals, was appropriate because Neri had not informed the district court of his current address.

Questions Presented

1. Whether the district court had jurisdiction to consider Neri's second or successive federal habeas petition under 28 U.S.C. § 2244(b) without prior authorization from the Fifth Circuit.
2. Whether the successive petition should be dismissed without prejudice rather than transferred to the Fifth Circuit.

Disposition

dismissed