Givens v. USA

Filing 8

ORDER - IT IS HEREBY ORDERED that movant's motion to stay and hold in abeyance the instant closed action pending the United States Court of Appeals for the Eighth Circuit's ruling on his request for certification to proceed with a second petition for habeas corpus based on the new constitutional rule announced in Johnson v. United States, 135 S. Ct. 2551 (2015) is DENIED without prejudice for lack of subject matter jurisdiction. [Doc. 7]. Signed by District Judge Charles A. Shaw on 6/22/2016. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HAROLD GIVENS,

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Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

No. 4:15-CV-1126-CAS

ORDER
IT IS HEREBY ORDERED that movant’s motion to stay and hold in abeyance the
instant closed action pending the United States Court of Appeals for the Eighth Circuit’s ruling on
his request for certification to proceed with a second petition for habeas corpus based on the new
constitutional rule announced in Johnson v. United States, 135 S. Ct. 2551 (2015) is DENIED
without prejudice for lack of subject matter jurisdiction.1 [Doc. 7]

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this

1

22nd

day of June, 2016.

The requirement that prisoners obtain authorization from the Circuit Court before filing a second
or successive petition in the District Court is jurisdictional. Burton v. Stewart, 127 S. Ct. 793, 796
(2007). “Federal courts are courts of limited jurisdiction. The requirement that jurisdiction be
established as a threshold matter springs from the nature and limits of the judicial power of the
United States and is inflexible and without exception.” Kessler v. Nat’l Enterprises, Inc., 347
F.3d 1076, 1081 (8th Cir. 2003) (quotation marks omitted).