United States Fourth Circuit

Per 28 U.S.C.A. section 2244(b), a successive pre-filing authorization motion must be denied if it relies entirely on evidence and constitutional decisions that were available to the applicant during a previous federal collateral challenge. Accordingly, authorization to file a successive habeas application is denied.

Appellate Information

• Decided 03/26/2004
• Published 03/26/2004

Judges

• Before WILKINS, Chief Judge, and WILKINSON and MOTZ, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Justin Sanjeeve Antonipillai,Arnold & Porter, Washington, D.C., for Movant.  Steven Andrew Witmer, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Respondent.  Jerry W. Kilgore, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Respondent.