In Re: Leslie Parker
Opinion of the Court
Pursuant to 28 U.S.C. §§ 2255(h) and 2244(b)(3)(A), Leslie Parker filed a request seeking an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his federal sentence, 28 U.S.C. § 2255. On July 7, 2016, this Court granted his request. Subsequently, however, one member of the panel learned of a conflict requiring recusal. As a result, we must vacate and decide anew Parker’s request to file a successive § 2255 motion in district court.
In the intervening time between the July 7 order and now, we issued In re Baptiste, No. 16-13959, 828 F.3d 1337, 2016 WL 3752118 (11th Cir. July 13, 2016). Under In re Baptiste, a later request of a prisoner who has previously filed a request for authorization to file a second or successive petition based on the same claim must be dismissed. Because Parker has already filed a request presenting a claim based on Johnson v. United States, 576 U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), we must dismiss his current request, regardless of its merit, since it raises the same claim as his first request.
APPLICATION DISMISSED.
Concurring Opinion
with whom JILL PRYOR, Circuit Judge joins, concurring:
I agree that In re Baptiste, No. 16-13959, 828 F.3d 1337, 2016 WL 3752118 (11th Cir. July 13, 2016), requires us to dismiss Leslie Parker’s request for authorization to file a second or successive habe-as petition. I write separately because I continue to believe that Baptiste’s interpretation of 28 U.S.C. § 2244(b)(1) to pro-
Reference
- Full Case Name
- In RE: Leslie PARKER, Petitioner
- Cited By
- 3 cases
- Status
- Published