Tony Strickland v. Rick Thaler, Director

EMILIO M. GARZA, Circuit Judge:

Petitioner Tony Strickland, a Texas state prisoner, exhausted his state remedies and moved to file a habeas corpus petition. The district court dismissed the application without prejudice for lack of subject matter jurisdiction under 28 U.S.C. § 2244, holding the petition is a second or successive petition. Strickland appeals, contending this petition is not a second or successive petition within the meaning of 28 U.S.C. § 2244. For the following reasons, we REVERSE and REMAND.

I

Strickland was convicted of aggravated robbery and sentenced to 15 years of…