Frazier v. Buckner, 1:24-cv-00071

Will Frazier, Jr. is an inmate convicted of assault in 2017 and sentenced to 15 years in prison.
Frazier previously filed a federal habeas corpus petition in 2022 (Frazier I), challenging the same conviction.
The court dismissed the 2022 petition on its merits, finding the claims meritless, procedurally defaulted, or inappropriate for federal relief; Frazier did not appeal.
In April 2024, Frazier filed a second federal habeas petition, again challenging the same conviction.
The Missouri Supreme Court had also denied and dismissed Frazier's state habeas petition in November 2023.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the new federal habeas petition is authorized	Frazier claims the petition is timely due to recent state court filing	No specific substantive response detailed	Petition is unauthorized as successive, court lacks jurisdiction
Requirement to seek appellate approval for successive filings	Not addressed by Frazier	Statutory bar: must seek Eighth Circuit approval	Court finds no authorization sought; dismisses petition
Interest of justice in transferring to Eighth Circuit	Not addressed	Not expressly addressed	Not in interest of justice to transfer; dismisses case
Issuing certificate of appealability	Not addressed	Not addressed	No certificate of appealability issued

Burton v. Stewart, 549 U.S. 147 (2007) (holding that federal district courts lack jurisdiction to consider a second or successive habeas petition unless authorized by a court of appeals)
Slack v. McDaniel, 529 U.S. 473 (2000) (setting the standard for issuing a certificate of appealability following a procedural ruling)