Pavlovsky, Gilbert W v. VanNatta, John R.

POSNER, Circuit Judge.

Pavlovsky, a state prisoner, filed a petition for habeas corpus, 28 U.S.C. § 2254, which the district judge dismissed as untimely, but without prejudice. Pavlovsky did not appeal, but three and a half years later he filed another petition for habeas corpus, which the district judge again denied as untimely, and this time Pavlovsky has appealed. The state argues that the district judge had no jurisdiction over the second petition, because a district court lacks jurisdiction over a second (or subsequent) petition for habeas corpus unless the court of appeals has approved…