Silas Martin v. Warden, Kilby Correctional Facility
Silas Martin v. Warden, Kilby Correctional Facility
Opinion
USCA11 Case: 24-13852 Document: 20-1 Date Filed: 08/12/2025 Page: 1 of 3
[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit
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No. 24-13852 Non-Argument Calendar ____________________
SILAS MARTIN, Petitioner-Appellant, versus WARDEN, KILBY CORRECTIONAL FACILITY,
Respondent-Appellee.
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Appeal from the United States District Court for the Middle District of Alabama D.C. Docket No. 3:24-cv-00148-RAH-CSC ____________________ USCA11 Case: 24-13852 Document: 20-1 Date Filed: 08/12/2025 Page: 2 of 3
2 Opinion of the Court 24-13852
Before ROSENBAUM, ABUDU, and WILSON, Circuit Judges. PER CURIAM: Silas Martin, an Alabama prisoner proceeding pro se, appeals the district court’s dismissal of his 28 U.S.C. § 2554 petition for lack of jurisdiction. The district court determined that his petition was an unauthorized successive petition. On appeal, Martin reiterates the merits of the claims that he raised in his petition, contending that law enforcement lacked probable cause for his arrest. We review de novo whether a habeas corpus petition is suc- cessive. Ponton v. Sec’y, Fla. Dep’t of Corr., 891 F.3d 950, 952 (11th Cir. 2018). Although we liberally construe a pro se brief, a pro se party may still abandon an issue by not briefing it. Timson v. Sampson, 518 F.3d 870, 874 (11th Cir. 2008). With certain exceptions not relevant here, a petitioner may file a second or successive § 2254 habeas petition only after obtain- ing an order from this Court authorizing the district court to con- sider the petition. Osbourne v. Sec’y, Fla. Dep’t of Corr., 968 F.3d 1261, 1264 (11th Cir. 2020); see 28 U.S.C. § 2244(b)(3)(A). “Absent authorization from this Court, the district court lacks jurisdiction to consider a second or successive habeas petition.” Osbourne, 968 F.3d at 1264. “[T]he bar on second or successive petitions ordinar- ily prevents a prisoner from twice contesting the judgment author- izing his confinement.” Patterson v. Sec’y, Fla. Dep’t of Corr., 849 F.3d 1321, 1325 (11th Cir. 2017) (en banc). USCA11 Case: 24-13852 Document: 20-1 Date Filed: 08/12/2025 Page: 3 of 3
24-13852 Opinion of the Court 3
Here, Martin has failed to address the district court’s stated reason for dismissing his § 2254 petition, so he has abandoned the appeal. See Timson, 518 F.3d at 874. Even liberally construing his brief on appeal, he challenges only the underlying state judgment authorizing his confinement, asserting that there was no probable cause for arrest. Because Martin has failed to challenge the ground on which the district court based its judgment—that he filed an un- authorized successive § 2254 petition—“it follows that the judg- ment is due to be affirmed.” Sapuppo v. Allstate Floridian Ins. Co., 739 F.3d 678, 680 (11th Cir. 2014). In any case, the district court’s judgment is also due to be affirmed because it is clearly correct. As the court observed, the instant § 2254 petition was Martin’s “fifth attempt to challenge, via habeas corpus, his 2007 Lee County conviction for attempted sod- omy and a 25-year sentence.” His first such § 2254 petition, filed in September 2009, was denied on the merits. His remaining chal- lenges have been dismissed as unauthorized successive § 2254 peti- tions. Because Martin is again attempting to contest the same “judgment authorizing his confinement,” his current § 2254 peti- tion plainly qualifies as successive. See Patterson, 849 F.3d at 1325. And since we have not granted authorization, and no other excep- tion applies, the district court lacked jurisdiction to consider it. See Osbourne, 968 F.3d at 1264. We therefore affirm the district court’s dismissal of Martin’s § 2254 petition for lack of subject-matter jurisdiction. AFFIRMED.
Reference
- Status
- Unpublished