BARRIOS-LOPEZ v. USA

Filing 4

Entry Dismissing Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability: The court therefore denies a certificate of appealability ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 6/30/2015. Copy sent via US Mail. (DW) Modified on 6/30/2015 (DW).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

ISAIAS R. BARRIOS-LOPEZ,
Petitioner,
vs.

UNITED STATES OF AMERICA,
Respondent.

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No. 1:14-cv-02004-WTL-TAB
No. 1:06-cr-107-WTL-TAB-01

Entry Dismissing Motion for Relief Pursuant to
28 U.S.C. § 2255 and Denying Certificate of Appealability
I. The ' 2255 Motion
The motion of Isaias R. Barrios-Lopez for relief pursuant to 28 U.S.C. § 2255 challenging
the validity of his conviction in No. IP 06-cr-107-H/F-1 is dismissed for lack of jurisdiction
because it is an unauthorized second or successive such motion. The first such motion was
docketed as No. 1:10-cv-813-WTL-TAB and was dismissed with prejudice on June 20, 2013.
Although not every later-in-time petition is “a second or successive habeas corpus application”
within the meaning of 28 U.S.C. § 2244(b), see Magwood v. Patterson, 561 U.S. 320, 332 (2010),
the motion filed in this case was such an application.
The statute, § 2244(b)(3), “creates a 'gatekeeping' mechanism for the consideration of
second or successive [habeas] applications in the district court,” Felker v. Turpin, 518 U.S. 651,
657 (1996), and “'is an allocation of subject-matter jurisdiction to the court of appeals.'” In re Page,
170 F.3d 659, 661 (7th Cir. 1999) (quoting Nunez v. United States, 96 F.3d 990, 991 (7th Cir.
1996)), opinion supplemented on denial of rehearing en banc, 179 F.3d 1024 (7th Cir. 1999). “A

district court must dismiss a second or successive petition . . . unless the court of appeals has given
approval for the filing.” Id.
The required authorization has not been shown. This court is therefore without
jurisdiction to proceed.
Judgment consistent with this Entry shall now issue.
The clerk shall docket this Entry and the accompanying Judgment in the underlying
criminal action, No. in No. 1:06-cr-107-WTL-TAB-1.
II. Certificate of Appealability
Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing
' 2254 proceedings, and 28 U.S.C. ' 2253(c), the court finds that Barrios-Lopez has failed to show
that reasonable jurists would find it Adebatable whether [this court] was correct in its procedural
ruling.@ Slack v. McDaniel, 529 U.S. 473, 484 (2000). The court therefore denies a certificate of
appealability.
IT IS SO ORDERED.
Date: 6/30/15
Distribution:

_______________________________
Hon. William T. Lawrence, Judge
United States District Court
Southern District of Indiana

Isaias R. Barrios-Lopez
No. 08337-028
MCKEAN FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 8000
BRADFORD, PA 16701