Legal Opinion

Benjamin Henderson Jones v. Daniel A. Braxton, Warden Ronald J. Angelone

Court of Appeals for the Fourth Circuit

Decided December 28, 2004No. 03-6891PublishedCited by 59 opinions

1Opinion of the Court

Dismissed by published opinion. Judge LUTTIG wrote the opinion, in which Judge SHEDD and Judge HUDSON joined.

OPINION

LUTTIG, Circuit Judge:

Petitioner-appellant Benjamin Henderson Jones filed a notice of appeal from the district court’s dismissal of his section 2254 petition as an unauthorized successive petition. Because we conclude that a certificate of appealability is required in order to appeal from the dismissal of a petition as unauthorized and successive, and because Jones has failed to make the requisite showing for a certificate of appealability, we deny a certificate of…

2Cases cited15 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Artuz v. BennettSupreme Court of the United States · 2000
  5. Castro v. United StatesSupreme Court of the United States · 2003

10 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. In Re ClineCourt of Appeals for the Tenth Circuit · 2008
  2. United States v. Madison McRaeCourt of Appeals for the Fourth Circuit · 2015
  3. United States v. Donathan Wayne HaddenCourt of Appeals for the Fourth Circuit · 2007
  4. United States v. HarperCourt of Appeals for the Tenth Circuit · 2008
  5. Keith Clark v. Larry CartledgeCourt of Appeals for the Fourth Circuit · 2016

54 more not listed; retrieve them via the Exa API.

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