James Michael Terry v. United States

U.S. Court of Appeals for the Eleventh Circuit
James Michael Terry v. United States, 218 F. App'x 950 (11th Cir. 2007)

James Michael Terry v. United States

Opinion

PER CURIAM:

After reviewing the record and reading the parties’ briefs, we affirm the district court’s order denying Terry’s second 28 U.S.C. § 2255 motion. Under § 2244(b)(4), a district court shall dismiss any claim presented in a second or successive application that does not meet the requirements set forth in § 2244(b)(2). See, e.g., In re Morris, 328 F.3d 739, 740-41 (5th Cir. 2003) (granting petitioner’s application for leave to file a successive motion, but noting that the district court would dismiss petitioner’s motion without reaching the merits if it determined that the petitioner did not satisfy the requirements in § 2244(b)(2)). The district court properly concluded that none of Terry’s claims satisfied these requirements. Accordingly, we affirm the district court’s order.

AFFIRMED.

Reference

Full Case Name
James Michael TERRY, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
Status
Unpublished