U.S. Court of Appeals for the Eleventh Circuit, 2007

James Michael Terry v. United States

James Michael Terry v. United States
U.S. Court of Appeals for the Eleventh Circuit · Decided February 27, 2007 · Dubina, Cox, Schlesinger
218 F. App'x 950

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.

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