DeAngelo Cook v. Warden, Macon SP


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

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Case: 16-15311 Date Filed: 04/28/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-15311 Non-Argument Calendar ________________________ D.C.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

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