United States v. Miles

ORDER AND JUDGMENT *

Jerome A. Holmes Circuit Judge

Defendant Alexander Christian Miles appeals the district court’s dismissal of his petition for writ of error coram nobis for lack of jurisdiction. The district court based its decision on its recharacterization of Mr. Miles’ petition as a second and successive § 2255 petition that, pursuant to 28 U.S.C. § 2244(b)(3)(A), required prior authorization from this court in order to proceed.

To appeal an order dismissing a second or successive § 2255 petition, the appellant must obtain a Certificate of Appealability (“COA”) from this court. See 28…