In re: Octavious Williams

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The Eleventh Circuit vacated its previous order and replaced it with the following: The court held that petitioner's application seeking an order authorizing the district court to consider a successive petition for a writ of habeas corpus under 28 U.S.C. 2244(b)(3)(A), failed for two reasons: petitioner raised an ineffective assistance of counsel - biased judge claim in his original section 2254 petition and, thus to the extent that the gravamen of the claims was the same, his current claim was precluded by section 2244(b)(1); and even if petitioner's current claim was not precluded by section 2244(b)(1), he failed to make a prima facie showing that he would be entitled to relief. Therefore, the court dismissed the application to the extent that it was barred by In re Mills and 28 U.S.C. 2244(b)(1), and denied the application to the extent that it was not. View "In re: Octavious Williams" on Justia Law