Joey Jeffrey v. St. Mary Correctional Center

Summary

The United States District Court for the Southern District of West Virginia dismisses Joey Jeffrey’s § 2254 habeas petition and civil action for lack of jurisdiction. The court concludes that the petition is second or successive under 28 U.S.C. § 2244 because it challenges the same state convictions as an earlier habeas petition, and Jeffrey did not obtain authorization from the court of appeals. The court also notes that his objection to the magistrate judge’s proposed findings and recommendation was nonspecific and confirms that his state sentences ran consecutively.

Holdings

1. A general or nonspecific objection does not satisfy 28 U.S.C. § 636(b)(1)(C) or Rule 72(b) and waives de novo review.
2. A § 2254 petition challenging the same state convictions after an earlier § 2254 petition was adjudicated is a second or successive petition, and the petitioner must obtain authorization from the appropriate court of appeals before filing it in the district court.
3. The district court lacked jurisdiction to consider the successive § 2254 petition because petitioner had not obtained authorization from the appropriate court of appeals.

Questions Presented

1. Whether petitioner's nonspecific objection required de novo review of the magistrate judge's proposed findings and recommendation.
2. Whether the present § 2254 petition was a second or successive petition requiring prior authorization from the appropriate court of appeals under 28 U.S.C. § 2244.
3. Whether the district court had jurisdiction to consider the successive § 2254 petition absent appellate authorization.
4. Whether petitioner's Kanawha County sentences were ordered to run consecutively or concurrently.

Disposition

dismissed