Bomani Lawan Boyd v. M. Atchley

BACKGROUND

On October 22, 2020, 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”). Petitioner challenges his 2012 conviction for attempted murder, arguing that trial counsel was ineffective for failing to investigate his mental history and request a pretrial competency hearing. See id. at 1, 5.1 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 “[i]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 second or successive. The

1 All citations are to the CM/ECF pagination. Petition is thus dismissed. Because reasonable jurists could not disagree with this disposition, the Court will deny a certificate of appealability.

II. DISCUSSION

This is Petitioner’s second federal habeas petition. In January 2016, Petitioner filed a § 2254 petition seeking relief from his 2012 conviction and arguing, among other things, that trial…