Herrera v. Mc Daniel et al
Filing 46
USCA ORDER 11-70280 - The application for authorization to file a second or successive 28:2254 habeas corpus petition in the district court is denied. Petitioner has not made a prima facie showing under 28:2244(b)(2) that: (A) the claim rel ies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (B)(i) the factual predicate for the claim could not have been discovered previously through the exercis e of due diligence; and (ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact finder wou ld have found the petitioner guilty of the underlying offense. All pending motions are denied as moot. No petition for rehearing or motion for reconsideration shall be filed or entertained in this case. See 28:2244(b)(3)(E). (Copies have been distributed via NEF) Modified on 3/15/2011 to reflect that USDC case number was found in the 1 Second Successive Petition. (MLC).
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