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Supreme Court· 1/9/2007

Burton v. Stewart

Citations

  • 549 U.S. 147
  • 127 S. Ct. 793
  • 166 L. Ed. 2d 628
  • 2007 U.S. LEXIS 1005
  • 20 Fla. L. Weekly Fed. S 33
  • 26 A.L.R. Fed. 2d 675
  • 75 U.S.L.W. 4042

How courts have described this case

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

  • holding that the district court was without jurisdiction to entertain an unauthorized second or successive petition
  • holding that petitioner’s failure to obtain authorization to file a successive petition deprived the district court of jurisdiction to consider the successive petition
  • holding that district court lacked jurisdiction to consider successive petition where petitioner failed to obtain authorization to file
  • holding that a petition is “second or successive” where the 13 petitioner challenges “the same custody imposed by the same judgment of a state court” as 14 in a prior petition
  • concluding that the District Court lacked jurisdiction to entertain a state prisoner’s second or successive habeas petition challenging custody because the petitioner failed to comply with the gatekeeping requirements of § 2244(b
  • holding that failure of petitioner to obtain authorization to file a “second or successive” petition deprived the district court of jurisdiction to consider the second or successive petition “in the first place”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Cited by

159 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Other cases named Burton v. Stewart

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.