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Nelson Garcia v. Secretary, Florida Department of Corrections
699 F. App'x 923
| 11th Cir. | 2017
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Docket

*1 Before MARCUS, WILSON, and ROSENBAUM, Circuit Judges.

PER CURIAM:

Nelson Garcia, a state prisoner proceeding pro se, appeals the dismissal of his successive 28 U.S.C. § 2254 petition for lack of subject-matter jurisdiction. On appeal, he argues that the trial court erred at sentencing by not orally pronouncing him guilty of attempted first-degree murder, and, furthermore, that the state failed to prove, at trial, that he acted with intent to commit an offense of burglary within a dwelling.

A state prisoner who wishes to file a second or successive habeas corpus petition must petition us for an order authorizing the district court to consider such a petition. See 28 U.S.C. § 2244(b)(3)(A). Absent such an order, the district court is obligated to dismiss a successive petition, as the district court lacks subject- matter jurisdiction to entertain the motion. Hubbard v. Campbell , 379 F.3d 1245, 1247 (11th Cir. 2004) (per curiam).

Both Garcia’s initial § 2254 petition and his current § 2254 petition challenged his June 2000 conviction for first-degree murder, burglary, and attempted first-degree murder. Because he failed to obtain authorization from us to pursue his claims, the district court did not err by dismissing them.

Accordingly, we affirm.

AFFIRMED.

2

Case Details

Case Name: Nelson Garcia v. Secretary, Florida Department of Corrections
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Nov 3, 2017
Citation: 699 F. App'x 923
Docket Number: 16-16339 Non-Argument Calendar
Court Abbreviation: 11th Cir.
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