Sayyed v. Director, TDCJ-CID

Filing 23

MEMORANDUM OPINION AND ORDER re 22 MOTION for Leave to Appeal in forma pauperis filed by Muamar A. Sayyed, 21 MOTION for Certificate of Appealability filed by Muamar A. Sayyed. ORDERED that the motion for certificate of appealability and motion for leave to appeal in forma pauperis (docket entries #21, #22) are DENIED. Signed by Judge Richard A. Schell on 2/12/2014. (kls, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

MUAMAR A. SAYYED, #01524927

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VS.

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DIRECTOR, TDCJ-CID

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CIVIL ACTION NO. 4:12cv9

MEMORANDUM OPINION AND ORDER
Petitioner filed a motion for certificate of appealability and a motion to proceed in forma
pauperis on appeal after this court dismissed his petition for writ of habeas corpus, which was filed
pursuant to 28 U.S.C. § 2254. Petitioner’s § 2254 petition was dismissed without prejudice because
the motion was successive. Dismissal for lack of jurisdiction was proper due to Petitioner’s failure
to obtain permission from the Court of Appeals for the Fifth Circuit to file a successive petition.
United States v. Key, 205 F.3d 773, 774 (5th Cir. 2000). This court instructed Petitioner that he may
seek permission to file a successive § 2254 motion with the Fifth Circuit. If Petitioner wishes to
seek permission to file a successive motion, a motion for certificate of appealability is not necessary.
28 U.S.C. § 2244 (b)(3)(A). Because Petitioner’s petition is successive, and he has not shown that
he has sought authorization from the Fifth Circuit to file it, he is not entitled to a COA. It is
ORDERED that the motion for certificate of appealability and motion for leave to appeal
in forma pauperis (docket entries #21, #22) are DENIED.

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SIGNED this the 12th day of February, 2014.

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RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE