United States First Circuit

Defendant's application for leave to file a second or successive habeas corpus petition is dismissed as unnecessary with leave to re-file in the district court as the claims are not "successive" for purposes of section 2244(b), and as a result, defendant does not require authorization from this court prior to filing his parole-based claims in federal district court

Appellate Information

• Decided 03/17/2010
• Published 03/17/2010

Judges

• PER CURIAM., Before TORRUELLA, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William Restucci pro se., Carmen Ortiz, United States Attorney, and Annette C. Benedetto, Assistant United States Attorney.