U.S. Court of Appeals for the Eleventh Circuit, 2017

Nelson Garcia v. Secretary, Florida Department of Corrections

Nelson Garcia v. Secretary, Florida Department of Corrections
U.S. Court of Appeals for the Eleventh Circuit · Decided November 3, 2017 · Marcus, Wilson, Rosenbaum
699 F. App'x 923

Nelson Garcia v. Secretary, Florida Department of Corrections

Opinion

PER CURIAM:

Nelson Garcia, a state prisoner proceeding pro se, appeals the dismissal of his successive 28 U.S.C. § 2254 petition for lack of subject-matter jurisdiction. On appeal, he argues that the trial court erred at sentencing by not orally pronouncing him guilty of attempted first-degree murder, and, furthermore, that the state failed to prove, at trial, that he acted with intent to commit an offense of burglary within a dwelling.

A state prisoner who wishes to file a second or successive habeas corpus petition must petition us for an order authorizing the district court to consider such a petition. See 28 U.S.C. § 2244(b)(3)(A). Absent such an order, the district court is obligated to dismiss a successive petition, as the district court lacks subject-matter jurisdiction to entertain the motion. Hubbard v. Campbell, 379 F.3d 1245, 1247 (11th Cir. 2004) (per curiam).

Both Garcia’s initial § 2254 petition and his current § 2254 petition challenged his June 2000 conviction for first-degree murder, burglary, and attempted first-degree murder. Because he failed to obtain authorization from us to pursue his claims, the district court did not err by dismissing them.

Accordingly, we affirm.

AFFIRMED.

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