UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

ROBERT MURPHY, ) ) Petitioner, ) ) v. ) No. 1:19-cv-04667-JPH-DLP ) WARDEN, ) ) Respondent. )

Order Dismissing Petition for a Writ of Habeas Corpus for Lack of Jurisdiction Robert Murphy filed this habeas action pursuant to

challenging his state- court conviction for murder in Indiana case number 18C05-0903-MR-1. Dkt. 1. Mr. Murphy already has brought a § 2254 habeas petition in the Northern District of Indiana challenging the same conviction. That petition was denied on the merits, No. 3:16-CV-606 (N.D. Ind. Apr. 17, 2018), and the Seventh Circuit denied his request for a certificate of appealability, No. 18-901 (7th Cir. Dec. 26, 2018). When there has already been a decision on the merits in a federal habeas action, to obtain another round of federal collateral review a petitioner requires permission from the Court of Appeals under

(b). See Altman v. Benik,

(7th Cir. 2003). This statute “creates a ‘gatekeeping’ mechanism for the consideration of second or successive [habeas] applications in the district court.” Felker v. Turpin,

(1996). Indeed, a district court does not have subject matter jurisdiction over a second or successive petition. In re Page,

(7th Cir. 1999). The “district court must dismiss a second or successive petition, without awaiting any response from the government, unless the court of appeals has given approval for the filing.”

Mr. Murphy previously tried to file a successive petition in this Court, which was dismissed as unauthorized because he had not sought permission from the Court of Appeals. See No. 1:19- cv-02526-TWP-MPB, dkt. 11. Mr. Murphy then sought permission from the Seventh Circuit Court of Appeals, and he includes as an exhibit to this petition an order from the Seventh Circuit denying authorization to file a successive collateral attack. Dkt. 1-1 at 9-10. Because that court denied authorization, this action is dismissed for a lack of jurisdiction. Final judgment consistent with this order shall issue. SO ORDERED. Date: 1/8/2020

Slam ruck banter James Patrick Hanlon United States District Judge Distribution: Southern District of Indiana ROBERT MURPHY 142583 INDIANA STATE PRISON INDIANA STATE PRISON Inmate Mail/Parcels One Park Row MICHIGAN CITY, IN 46360