Legal Opinion
Lewis Altman, Jr., Applicant v. Daniel J. Benik, Warden
Court of Appeals for the Seventh Circuit
Decided July 25, 2003No. 03-2737PublishedCited by 83 opinions
1Per curiam
Lewis Altman has applied for an order pursuant to 28 U.S.C. § 2244(b)(3) authorizing the district court to consider a second or successive petition under § 2254. He filed a previous § 2254 petition in the district court in March 2000, and the court dismissed it as untimely. He needs permission from this court to file another petition only if his previous untimely petition counts as a “prior application” under § 2244(b). We hold that his previous untimely petition does count as a prior application under § 2244(b), and we deny Mr. Altman’s request for permission to file a successive petition…
2Cases cited11 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
- Andre L. Phillips v. Richard P. Seiter, Glenn Watson v. Jeffrey J. ClarkCourt of Appeals for the Seventh Circuit · 1999
- Samuel Todd Taylor v. Charles R. Gilkey, WardenCourt of Appeals for the Seventh Circuit · 2002
- In Re: Benedict Joseph Cook, Iii, MovantCourt of Appeals for the Sixth Circuit · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Timothy Melton v. United StatesCourt of Appeals for the Seventh Circuit · 2004
- In Re RainsCourt of Appeals for the Tenth Circuit · 2011
- Pavlovsky, Gilbert W v. VanNatta, John R.Court of Appeals for the Seventh Circuit · 2005
- In re FlowersCourt of Appeals for the Fifth Circuit · 2009
- United States v. Khaled ObeidCourt of Appeals for the Seventh Circuit · 2013
78 more not listed; retrieve them via the Exa API.