Decoteau v. Kenney

Filing 14

MEMORANDUM AND ORDER denying the Petitioner's 13 Motion for Reconsideration. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER DECOTEAU,
Petitioner,
v.
MICHAEL KENNEY,
Respondent.

)
)
)
)
)
)
)
)
)

4:14CV3166

MEMORANDUM
AND ORDER

This matter is before the Court on Petitioner’s Motion for Reconsideration. (Filing
No. 13.) Petitioner asks the Court to reconsider its order dismissing his habeas corpus
petition because it is a second or successive habeas corpus petition that has not been
authorized by the Eighth Circuit Court of Appeals. Petitioner argues the Court should not
have dismissed the petition without first considering his request to file a second or
successive petition.
On August 13, 2014, Petitioner filed an “Application to File Second Successive
Habeas Corpus,” in which he asked this Court for permission to file a second or successive
habeas corpus petition. (Filing No. 1.) However, pursuant to 28 U.S.C. § 2244(b)(3)(A),
Petitioner must direct his request to file a second or successive habeas corpus petition to
the Eighth Circuit Court of Appeals. 28 U.S.C. § 2244(b)(3)(A) (“Before a second or
successive application permitted by this section is filed in the district court, the applicant
shall move in the appropriate court of appeals for an order authorizing the district court to
consider the application.”). If Petitioner wishes to continue to pursue this matter, he should
file a motion with the Eighth Circuit Court of Appeals fully addressing the legal
requirements for successive habeas petitions set forth in 28 U.S.C. § 2244(b).
Accordingly,

IT IS ORDERED: Petitioner’s Motion for Reconsideration (Filing No. 13) is denied.

DATED this 22nd day of October, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

2