Kevin Eddis Moore v. Gigi Matteson

I. INTRODUCTION

On May 15, 2020, Kevin Eddis Moore (“Petitioner”), a state prisoner proceeding pro se, constructively filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. See Dkt. 1 (“Petition”). On July 2, 2020, the Court ordered Respondent to file a response to the Petition. See Dkt. 4. On July 9, 2020, Respondent moved to vacate the order, arguing that Petitioner’s failure to obtain authorization to file a second or successive petition deprived the Court of jurisdiction. See Dkt. 9. On August 14, Petitioner constructively filed an opposition. See Dkt. 14. Rule 4 of the Rules Governing Section 2254 Cases in the U.S. District Courts provides that a habeas corpus petition “must” be summarily dismissed “li]f it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court.” Here, Petitioner is not

entitled to the relief he seeks because his claims are either not cognizable on federal habeas review or successive. The Petition is thus dismissed. Because reasonable jurists could not disagree with this disposition, the Court will deny a certificate of appealability. Il. BACKGROUND Petitioner was…