Cardenas v. Thaler, No. 08-70043 (5th Cir. 2011)
Annotate this CasePetitioner appealed the district court's dismissal of his 28 U.S.C. 2254 application as an unauthorized successive habeas petition. Under the AEDPA, a certificate of appealability (COA) was necessary to proceed with this appeal. However, the district court did not rule upon whether a COA was warranted and the "lack of a ruling on a COA in the district court cause[d] this court to be without jurisdiction to consider the appeal." Accordingly, the court remanded to the district court to consider in the first instance whether to grant or deny a COA.
This opinion or order relates to an opinion or order originally issued on August 22, 2011.
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