Gautier v. Wall
Court of Appeals for the First Circuit
1Per curiam
Jacques Gautier could have filed one habeas petition raising all of his claims after “exhausting] the remedies available in the courts of the State.” 28 U.S.C. § 2254(b)(1)(A). Instead, he “twice brought claims contesting the same custody imposed by the same judgment of a state court.” Burton v. Stewart, 549 U.S. 147, 154, 127 S.Ct. 793, 166 L.Ed.2d 628 (2007) (per curiam). His second such petition was “second or successive” under 28 U.S.C. § 2244(b). It should not have been filed without our authorization. For the reasons explained below, we direct the district court to dismiss the petition…
2Cases cited10 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Burton v. StewartSupreme Court of the United States · 2007
- Felker v. TurpinSupreme Court of the United States · 1996
- Panetti v. QuartermanSupreme Court of the United States · 2007
- United States v. BarrettCourt of Appeals for the First Circuit · 1999
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3Cited by9 opinions
- Cintron-Caraballo v. United StatesDistrict Court, D. Puerto Rico · 2012
- Curry v. TurcoDistrict Court, D. Massachusetts · 2018
- Deciantis v. Coyne-FagueDistrict Court, D. Rhode Island · 2020
- Fuentes v. Coyne-FagueDistrict Court, D. Rhode Island · 2020
- Gautier v. WallSupreme Court of the United States · 2011
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