Clark v. Milyard

ORDER DENYING CERTIFICATE OF APPEALABILITY

PAUL KELLY, JR., Circuit Judge.

Petitioner-Appellant Orlando Cortez Clark, a state prisoner appearing pro se, seeks a certificate of appealability (“COA”) allowing him to appeal the denial of his petition for a writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254. The district court dismissed the action for lack of jurisdiction because it found the petition to be a second or successive application. We agree, and decline to authorize consideration of the petition.

Mr. Clark was convicted on two counts of second degree burglary (in separate trials)…