Holland v. Secretary, Florida Department of Corrections, No. 17-15706 (11th Cir. 2019)
Annotate this CaseThe Eleventh Circuit affirmed the district court's orders dismissing petitioner's 28 U.S.C. 2254 petition for lack of subject matter jurisdiction and denying his motion for reconsideration. The court held that, even if petitioner intended for his third federal habeas petition to be filed under section 2241 and not section 2254 -- an argument he never made in the district court -- he still needed this court's authorization before filing the petition, and the district court still needed to dismiss the petition because he failed to obtain that authorization. The court also held that the district court did not abuse its discretion by denying petitioner's motion for reconsideration of the dismissal.
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