DeAngelo Cook v. Warden, Macon SP

Filing

Opinion issued by court as to Appellant DeAngelo Cook. Decision: Affirmed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 16-15311

Date Filed: 04/28/2017

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-15311
Non-Argument Calendar
________________________
D.C. Docket No. 1:16-cv-01406-RWS

DEANGELO COOK,
Petitioner - Appellant,
versus
WARDEN, MACON SP,
Respondent - Appellee.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
________________________
(April 28, 2017)
Before HULL, WILSON and JORDAN, Circuit Judges.
PER CURIAM:

Case: 16-15311

Date Filed: 04/28/2017

Page: 2 of 2

In 2009, De Angelo Cook, a Georgia prisoner, filed a federal habeas corpus
petition pursuant to 28 U.S.C. § 2254. That petition was dismissed with prejudice
as untimely, and Mr. Cook did not appeal.
In 2016, Mr. Cook filed a second habeas corpus petition. The district court
dismissed this petition for lack of subject-matter jurisdiction because Mr. Cook had
not obtained circuit authorization to file a second or successive petition. Mr. Cook
now appeals.
We affirm. Because Mr. Cook did not obtain circuit authorization to file a
second or successive habeas petition, the district court did not have jurisdiction.
See 28 U.S.C. § 2244(b)(3)(A), (b) (4); Tompkins v. Secretary, 557 F.3d 1257,
1259 (11th Cir. 2009) .
AFFIRMED.

2