In Re: Leslie Parker

832 F.3d 1250, 2016 U.S. App. LEXIS 14721, 2016 WL 4206373

• Court: Court of Appeals for the Eleventh Circuit
• Decided: August 10, 2016
• Docket: 16-13814-J
• Status: Published

Opinions

BY THE PANEL:

Pursuant to 28 U.S.C. §§ 2255(h) and 2244(b)(3)(A), Leslie Parker filed a request seeking an order authorizing the district court to consider a second or successive motion to vacate, set aside, or correct his federal sentence, 28 U.S.C. § 2255. On July 7, 2016, this Court granted his request. Subsequently, however, one member of the panel learned of a conflict requiring recusal. As a result, we must vacate and decide anew Parker’s request to file a successive § 2255 motion in district court.

In the intervening time between the July 7 order and now, we issued In re Baptiste, No. 16-13959, 828 F.3d 1337, 2016 WL 3752118 (11th Cir. July 13, 2016). Under In re Baptiste, a later request of a prisoner who has previously filed a request for authorization to file a second or successive petition based on the same claim must be dismissed. Because Parker has already filed a request presenting a claim based on Johnson v. United States, 576 U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), we must dismiss his current request, regardless of its merit, since it raises the same claim as his first request.

APPLICATION DISMISSED.