Legal Opinion
In Re: Shane McClaine Cain, Movant
Court of Appeals for the Fifth Circuit
Decided March 5, 1998No. 98-00042, 98-00045PublishedCited by 153 opinions
1Opinion of the Court
BY THE COURT:
IT IS ORDERED that Shane McClaine Cain’s petition to file successive habeas corpus petition filed under cause number 98-00042 is CONSOLIDATED with Cain’s peti tion to file successive habeas corpus petition filed under cause number 98-00045.
Shane McClaine Cain (“Cain”), Texas state prisoner # 537264, has filed two motions with this court for leave to file successive habeas corpus petitions in the district court. Under 28 U.S.C. § 2244(b), a habeas applicant seeking to file a successive petition raising a new claim must apply for leave to do so from the court of appeals.
We must…
2Cases cited7 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Preiser v. RodriguezSupreme Court of the United States · 1973
- Felker v. TurpinSupreme Court of the United States · 1996
- In Re GaseryCourt of Appeals for the Fifth Circuit · 1997
- Terry Lynn Reeves v. Ray LittleCourt of Appeals for the Tenth Circuit · 1997
2 more not listed; retrieve them via the Exa API.
3Cited by153 opinions
- Hernandez v. ThalerCourt of Appeals for the Fifth Circuit · 2011
- Daniel Clark Medberry v. James CrosbyCourt of Appeals for the Eleventh Circuit · 2003
- United States v. KeyCourt of Appeals for the Fifth Circuit · 2000
- Jay Clint Crouch v. Larry Norris, Director, Arkansas Department of Correction Arkansas Post Prison Transfer Board Leroy Brownlee, Chairman.Court of Appeals for the Eighth Circuit · 2001
- Robert Benchoff v. Raymond ColleranCourt of Appeals for the Third Circuit · 2005
148 more not listed; retrieve them via the Exa API.