Benjamin Henderson Jones v. Daniel A. Braxton, Warden Ronald J. Angelone

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an order dismissing a habeas petition as an 12 unauthorized successive petition is subject to the COA requirement
• recognizing that, in 28 U.S.C. § 2254 proceedings, an immediately appealable collateral order is considered a final order for purposes of certificate of appealability requirement
• recognizing that, in 28 U.S.C. § 2254 proceeding, an immediately appealable collateral order is considered a “final order” for purposes of certificate of appealability requirement
• holding that dis- trict court’s dismissal of § 2254 petition as second or successive was \the final order\ for purposes of § 2253 where the petition \terminated all proceedings in the district court\ (internal quotation marks and emphasis omitted)
• declining “to impose on the district courts a blanket policy of mandatory transfer of unauthorized successive petitions to [the Fourth Circuit] for consideration as [pre-filing authorization] motions.”
• no successive habeas petition may be filed without prior authorization from a Circuit Court of Appeals

Source: CourtListener parenthetical corpus (CC0).