Xavier Jett v. Johnny McNeal

Summary

The United States District Court for the Southern District of Alabama adopted a magistrate judge’s recommendation and dismissed Xavier Jett’s 28 U.S.C. § 2254 habeas petition as a second or successive petition filed without authorization from the Eleventh Circuit. The court denied Jett’s motion for expedited consideration and conditional release, denied a Certificate of Appealability, and certified that any appeal would not be taken in good faith.

Holdings

1. A petitioner must first obtain authorization from the appropriate court of appeals before filing a second or successive habeas petition in the district court. Because Jett did not seek authorization from the Eleventh Circuit, the district court was required to dismiss the petition.
2. An assertion of actual innocence or purported newly discovered evidence does not permit a petitioner to bypass the requirement that he first obtain Eleventh Circuit authorization to file a second or successive § 2254 petition.
3. Jett was not entitled to proceed in forma pauperis on appeal because the court certified that any appeal would be without merit and not taken in good faith.

Questions Presented

1. Whether the district court could consider Jett's § 2254 petition when he had not first obtained authorization from the Eleventh Circuit to file a second or successive petition.
2. Whether Jett's assertion of actual innocence or purported newly discovered evidence excused the authorization requirement for a second or successive habeas petition.
3. Whether Jett was entitled to expedited consideration, conditional release, a certificate of appealability, or leave to appeal in forma pauperis.

Disposition

dismissed