Norman v. Stephens

Filing 120

ORDER DISMISSING without prejudice for want of jurisdicion 119 MOTION to Set Aside Void Judgment. A certificate of appealability is DENIED. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4)

Case 4:13-cv-00624 Document 120 Filed on 06/24/20 in TXSD Page 1 of 1
United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ANTHONY WHITNEY NORMAN,
Petitioner,
v.
LORIE DAVIS,
Respondent.

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June 24, 2020
David J. Bradley, Clerk

CIVIL ACTION NO. H-13-0624

ORDER
Pending before the Court is petitioner’s third pro se Rule 60(b) motion (Docket Entry
No. 119), raising new habeas challenges to his 2011 state murder conviction.
Petitioner’s motion constitutes a successive habeas petition under Gonzalez v. Crosby,
545 U.S. 524, 531–32 (2005). Public records for the Fifth Circuit Court of Appeals reveal
that petitioner was not granted authorization to file this successive habeas petition. His most
recent motion for authorization was denied in 2016 with a sanctions warning. In re: Anthony
Whitney Norman, No. 16-20155 (5th Cir. Apr. 20, 2016).
Petitioner’s Rule 60(b) motion (Docket Entry No. 119) is DISMISSED WITHOUT
PREJUDICE FOR WANT OF JURISDICTION. A certificate of appealability is DENIED.
Signed at Houston, Texas on June 24, 2020.

Gray H. Miller
Senior United States District Judge