Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Felix A. Perez v. United States of America

September 6, 2012

FELIX A. PEREZ
v.
UNITED STATES OF AMERICA



The opinion of the court was delivered by: Joseph A. DiClerico, Jr. United States District Judge

ORDER

The petitioner, Felix Perez, filed a petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Perez had previously filed a petition for habeas corpus relief with this court on September 10, 2010. See Felix A. Perez v. United States, No. 1:10-cv-402-JD (document no. 1). "Before a second or successive application [for habeas corpus relief] is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." 28 U.S.C. § 2244(b)(3)(A). Because Perez did not move in the First Circuit for leave to file a second or successive petition for habeas corpus relief, this court does not have jurisdiction over Perez's petition. See Pratt v. United States, 129 F.3d 54, 57 (1st Cir. 1997).

Conclusion

Accordingly, the petition is dismissed for lack of jurisdiction. The petitioner may seek authorization from the United States Court of Appeals for the First Circuit to file a second or successive petition. The clerk of court shall enter judgment accordingly and close the case.

SO ORDERED.

cc:

20120906

© 1992-2012 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.