Legal Opinion
In Re Thomas F. Page, Warden
Court of Appeals for the Seventh Circuit
Decided June 9, 1999No. 99-1145PublishedCited by 70 opinions
1Opinion of the Court
POSNER, Chief Judge.
In our opinion reported at 170 F.3d 659 (7th Cir.1999), we granted at the behest of the state a writ of mandamus directing the district judge to dismiss Neal’s second ha-beas corpus petition because leave to file a second or subsequent petition must be sought from this court. 28 U.S.C. § 2244(b)(3)(A). We pointed out that because the statute is jurisdictional, the judge was acting beyond his jurisdiction in scheduling a hearing on the petition, and mandamus lies to confine a judge or other official to his jurisdiction.
The key to our decision was the classification of…
2Cases cited20 opinions
- Lockhart v. FretwellSupreme Court of the United States · 1993
- Felker v. TurpinSupreme Court of the United States · 1996
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
- In Re James Davenport and Sherman NicholsCourt of Appeals for the Seventh Circuit · 1998
- Gary Laguerre v. Janet Reno, Jose, Martin Avelar-Cruz v. Janet RenoCourt of Appeals for the Seventh Circuit · 1999
15 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Vernon Lee Evans, Jr. v. Willie Smith, Warden, United States Penitentiary, Atlanta J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
- Leal Garcia v. QuartermanCourt of Appeals for the Fifth Circuit · 2009
- Monroe Johnson III v. United StatesCourt of Appeals for the Seventh Circuit · 1999
- Lewis Altman, Jr., Applicant v. Daniel J. Benik, WardenCourt of Appeals for the Seventh Circuit · 2003
- United States v. EvansCourt of Appeals for the Seventh Circuit · 2000
65 more not listed; retrieve them via the Exa API.