Pannell v. Superintendent
OPINION AND ORDER: The Petition for relief under 28 U.S.C. § 2254 is DISMISSED for want of jurisdiction, Petitioner is DENIED a certificate of appealability, and leave for appeal in forma pauperis is DENIED. Signed by Judge Theresa L Springmann on 1/12/2017. (lhc)(cc: Pannell)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
CAUSE NO.: 3:16-CV-897-TLS
OPINION AND ORDER
David Pannell, a pro se prisoner housed at the Indiana State Prison, filed this Habeas
Corpus Petition [ECF No. 1] challenging his murder conviction and 60-year sentence by the
Marion Superior Court under cause number 49G01-9502-CF-24360. This is not the first time that
Pannell has brought a habeas corpus petition challenging that conviction.
In September 2012 Pannell filed his first petition for habeas corpus relief under 28
U.S.C. § 2254. The district court dismissed the petition as untimely, and we
declined to certify an appeal. No. 15-2221 (7th Cir. Dec. 2, 2015).
Since then Pannell has filed notices of appeal and requests for certificates
of appealability in three separate district court actions, and we have consolidated
the cases for disposition. In November 2015, Pannell filed with the district court
an unsuccessful Rule 60(b) motion for relief on his first § 2254 petition (7th Cir.
No. 15-3789). Separately, in May 2015, Pannell filed a second § 2254 petition,
which the district court dismissed as an unauthorized successive collateral attack
(7th Cir. No. 15-2620). Then, in September 2015, Pannell filed a third § 2254
petition, which the district court again dismissed as an unauthorized successive
collateral attack (7th Cir. No. 16-1031).
We agree with the district court that Pannell did not demonstrate grounds
for granting his Rule 60(b) motion, and his subsequent § 2254 petitions and
associated motions were properly dismissed as unauthorized successive collateral
attacks. See Nuñez v. United States, 96 F.3d 990, 991 (7th Cir. 1996). We hereby
warn Pannell that further frivolous filings will result in sanctions. See Alexander
v. United States, 121 F.3d 312 (7th Cir. 1997).
Pannell v. Neal, Nos. 15-2620, 15-3789, & 16-1031, slip op. at 2 (7th. Cir. May 6, 2016).
Pannell currently has three pending appeals from cases where he is attempting to
challenge this conviction. See Pannell v. Neal, No. 16-1823 (7th Cir. filed April 14, 2016),
Pannell v. Neal, No. 16-3214 (7th Cir. filed August 19, 2016) and Pannell v. Neal, No. 17-1021
(7th Cir. filed January 4, 2017). This Habeas Corpus Petition is yet another unauthorized
successive petition. “A district court must dismiss a second or successive petition, without
awaiting any response from the government, unless the court of appeals has given approval for
its filing.” Nuñez, 96 F.3d at 991 (emphasis in original).
Because Pannell has not obtained authorization from the Court of Appeals to file a
successive petition, this case is DISMISSED for want of jurisdiction. Because this Court lacks
jurisdiction, it cannot issue a certificate of appealability and so if Pannell files a notice of appeal,
he is DENIED a certificate of appealability. For the same reason, the appeal would not be taken
in good faith and he is DENIED leave to appeal in forma pauperis.
SO ORDERED on January 12, 2017.
s/ Theresa L. Springmann
THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT
FORT WAYNE DIVISION
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?