Opinion

Jones v. Tipton (INMATE 3)

Court
District Court, M.D. Alabama
Filed
Apr 6, 2020
Cited by
0 cases
Authority
More cited than 31.1%

“We hold that dismissal of a § 2254 petition for failure to comply with the one-year statute of limitations constitutes an adjudication on the merits that renders future petitions under § 2254 challenging the same conviction ‘second or successive’ petitions under § 2244(b).”

How later courts described this case

  • “We hold that dismissal of a § 2254 petition for failure to comply with the one-year statute of limitations constitutes an adjudication on the merits that renders future petitions under § 2254 challenging the same conviction ‘second or successive’ petitions under § 2244(b).”
  • holding that a prior untimely petition counts for § 2244(b) purposes because “a statute of limitations bar is not a curable technical or procedural deficiency but rather operates as an irremediable defect (ii

Written by the judges who cited it.

The opinion

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

MARCUS ANTONIO JONES, # 203884, )

)

Petitioner, )

) Civil Action No.

v. ) 1:20cv219-WHA

) (WO)

CHARLES TIPTON, et al., )

)

Respondents. )

RECOMMENDATION OF THE MAGISTRATE JUDGE

I. INTRODUCTION

Petitioner Marcus Antonio Jones, a state inmate at Red Eagle Honor Farm in

Montgomery, Alabama, filed this pro se action as a petition for writ of habeas corpus under

28 U.S.C. § 2241. Doc. # 1. In his petition, Jones challenges his 1999 murder conviction

and resulting 99-year sentence imposed by the Circuit Court of Coffee County. He asserts

various claims of trial error and ineffective assistance of counsel. Id. at 3–8. As explained

below, this court finds that Jones’s self-described § 2241 petition constitutes a successive

§ 2254 petition for writ of habeas corpus that has been filed without the required appellate

court permission.

II. DISCUSSION

Jones challenges his state conviction, and he is in custody under the judgment of an

Alabama court. Therefore, 28 U.S.C. § 2254 applies to his petition despite his designating

it as one filed under 28 U.S.C. § 2241. Medberry v. Crosby, 351 F.3d 1049, 1054 (11th

Cir. 2003); Thomas v. Crosby, 371 F.3d 782, 785 (11th Cir. 2004). “A state prisoner cannot

evade the procedural requirements of § 2254 by filing something purporting to be a § 2241

petition.” Thomas, 371 F.3d at 787. Accordingly, this court must apply the procedural

restrictions applicable to § 2254 petitions to Jones’s petition.1

Under 28 U.S.C. § 2244(b)(3)(A), before a second or successive § 2254 petition is

filed in the district court, the applicant must “move in the appropriate court of appeals for

an order authorizing the district court to consider the application.” 28 U.S.C. §

2244(b)(3)(A). “A motion in the court of appeals for an order authorizing the district court

to consider a second or successive application shall be determined by a three-judge panel

of the court of appeals” and may be granted “only if [the assigned panel of judges]

determines that the application makes a prima facie showing that the application satisfies

the requirements of [28 U.S.C. § 2244(b)(1) or (b)(2)].”2 28 U.S.C. § 2244(b)(3)(B), (C).

1 On April 2, 2020, this court entered an order finding that Jones’s petition should be construed as

one filed under 28 U.S.C. § 2254 and would henceforth proceed as such a petition. Doc. # 2.

2 Section 2244(b)(1) provides:

A claim presented in a second or successive habeas corpus application under

section 2254 that was presented in a prior application shall be dismissed.

28 U.S.C. ' 2244(b)(1).

Section 2244(b)(2) provides:

A claim presented in a second or successive habeas corpus application under

section 2254 that was not presented in a prior application shall be dismissed unlessB

(A) the applicant shows that the claim relies on a new rule

of constitutional law, made retroactive to cases on collateral review

by the Supreme Court, that was previously unavailable; or

(B)(i) the factual predicate for the claim could not have been

discovered previously through the exercise of due diligence; and

This court’s records indicate that in February 2005, Jones filed a habeas petition

under 28 U.S.C. § 2254 challenging the same 1999 Coffee County murder conviction and

sentence he challenges by his instant petition. See Jones v. Mitchem, Civil Action No.

1:05cv200-WKW. In that prior habeas action, this court denied Jones’s petition as time-

barred under AEDPA’s limitation period and dismissed the action with prejudice. See id.,

Docs. # 25, 27, 28. The final judgment was entered by the district court on October 26,

2006.

As a matter of law, dismissal of a § 2254 petition on statute-of-limitations grounds

constitutes an adjudication on the merits for purposes of § 2244(b)(3)’s second-or-

successive-petition requirements. See, e.g., Murray v. Greiner, 394 F.3d 78, 81 (2nd Cir.

2005) (“We hold that dismissal of a § 2254 petition for failure to comply with the one-year

statute of limitations constitutes an adjudication on the merits that renders future petitions

under § 2254 challenging the same conviction ‘second or successive’ petitions under §

2244(b).”); Altman v. Benik, 337 F.3d 764, 766 (7th Cir. 2003) (holding that a prior

untimely petition counts for § 2244(b) purposes because “a statute of limitations bar is not

a curable technical or procedural deficiency but rather operates as an irremediable defect

(ii) the facts underlying the claim, if proven and viewed in

light of the evidence as a whole, would be sufficient to establish by

clear and convincing evidence that, but for constitutional error, no

reasonable factfinder would have found the applicant guilty of the

underlying offense.

28 U.S.C. ' 2244(b)(2).

barring consideration of the petitioner's substantive claims”) (followed in Cogman v. Crow,

2018 WL 5624299, at *2 (M.D. Ala. 2018)).

Jones furnishes no certification from the Eleventh Circuit Court of Appeals

authorizing this court to proceed on his successive application for habeas corpus relief.

Because this undertaking is a successive § 2254 habeas corpus petition and because Jones

has not obtained permission from the appellate court to file a successive § 2254 petition,

this court lacks jurisdiction to consider Jones’s claims. See Gilreath v. State Board of

Pardons and Paroles, 273 F.3d 932, 933 (11th Cir. 2001). Consequently, Jones’s petition

is due to be dismissed for lack of jurisdiction. Id. at 934.

III. CONCLUSION

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that Jones’s

28 U.S.C. § 2254 petition be DISMISSED for lack of jurisdiction, as Jones has failed to

obtain the requisite order from the Eleventh Circuit Court of Appeals authorizing a federal

district court to consider his successive habeas application.

It is further

ORDERED that the parties shall file any objections to this Recommendation on or

before April 20, 2020. A party must specifically identify the factual findings and legal

conclusions in the Recommendation to which objection is made; frivolous, conclusive, or

general objections will not be considered. Failure to file written objections to the

Magistrate Judge’s findings and recommendations under 28 U.S.C. § 636(b)(1) shall bar a

party from a de novo determination by the District Court of legal and factual issues covered

in the Recommendation and waives the right of the party to challenge on appeal the District

Court’s order based on unobjected-to factual and legal conclusions accepted or adopted by

the District Court except upon grounds of plain error or manifest injustice. Nettles v.

Wainwright, 677 F.2d 404 (5th Cir. 1982); 11TH CIR. R. 3-1. See Stein v. Lanning

Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of Prichard, 661

F.2d 1206 (11th Cir. 1981) (en banc).

DONE this 6th day of April, 2020.

/s/ Charles S. Coody

CHARLES S. COODY

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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