McNabb v. Yates

Petitioner Ronnie McNabb seeks authorization to file a second or successive 28 U.S.C. § 2254 habeas corpus petition in the district court. See 28 U.S.C. § 2244(b). The district court dismissed McNabb’s first section 2254 habeas corpus petition as time-barred under § 2244(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). We hold that the dismissal of a habeas petition as untimely constitutes a disposition on the merits and that a further petition challenging the same conviction would be “second or successive” for purposes of 28 U.S.C. § 2244(b).

A habeas petition is…