Davis v. Sumlin, No. 20-30010 (5th Cir. 2021)Annotate this Case
The Fifth Circuit vacated the district court's denial of petitioner's habeas petition on the merits and concluded that petitioner failed to obtain permission from a three-judge panel of this court pursuant to 28 U.S.C. 2244(b)(3). Because petitioner never sought or obtained that permission, the district court had no jurisdiction to accept the second-or-successive petition—much less to consider the merits of it. Furthermore, the district court erred by deciding the petition on the merits. Even if the court previously authorized a successive application under section 2244(b), petitioner still could not appeal the district court's merits determination without a certificate of appealability (COA). In this case, petitioner is not entitled to a COA. Therefore, the court remanded with instructions to dismiss the petition for lack of jurisdiction and denied the COA application as moot.