IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 20-60434

In re: JOHNNY TURNER,

Movant

Motion for an order authorizing the United States District Court for the Northern District of Mississippi to consider a successive

application

Before JONES, CLEMENT, and HAYNES, Circuit Judges. PER CURIAM: Johnny Turner, Mississippi prisoner # 37970, moves for authorization to file a second or successive

application attacking his convictions for manufacturing methamphetamine and possession of methamphetamine. Turner has not demonstrated that he can satisfy the criteria under which we may authorize the filing of a successive § 2254 application. He has not made a prima facie showing either (1) that his claims rely “on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable,”

(b)(2)(A), or (2) that the factual predicate for his claims “could not have been discovered previously through the exercise of due diligence,” and the underlying facts, “if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense,” § 2244(b)(2)(B)(i), (ii); see also § 2244(b)(3)(A), (C). We do “not recognize freestanding claims of actual innocence on federal habeas review,” In re Swearingen,

(5th Cir. 2009), and Turner nevertheless fails to show that he has presented new evidence of actual innocence showing that it is more likely than not that no reasonable juror would have found him guilty of the charged offense, see McQuiggin v. Perkins,

(2013); Schlup v. Delo,

(1995). Accordingly, IT IS ORDERED that Turner’s motion for authorization is DENIED. United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE TEL. 504-310-7700 CLERK 600 S. MAESTRI PLACE, Suite 115 NEW ORLEANS, LA 70130 July 01, 2020

Mr. David Crews Northern District of Mississippi, Aberdeen United States District Court 301 W. Commerce Street Aberdeen, MS 39730

No. 20-60434 In re: Johnny Turner USDC No. 1:20-CV-105

Dear Mr. Crews, Enclosed is a copy of the judgment issued as the mandate.

Sincerely, LYLE W. CAYCE, Clerk Shuw &. bortut By: Shea E. Pertuit, Deputy Clerk 504-310-7666 cc w/encl: Mr. Johnny Turner