Free Order Dismissing Case - District Court of Delaware - Delaware

Case 1 :05-cv-00817-GIVIS Document 7 Filed 03/30/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAMMEYIN A. JOHNSON, )
Petitioner, I
v. I Civil Action No. 05-817-GMS I
THOMAS CARROLL, I
Warden, and ATTORNEY GENERAL )
FOR THE STATE OF DELAWARE, )
Respondents. g
O R D E R
At Wilmington this figay of March, 2006;
IT IS HEREBY ORDERED that:
1. Petitioner Dammeyin A. J ohnson’s petition for a writ of habeas corpus filed
pursuant to 28 U.S.C. 2254 is DISMISSED and the writ is DENIED as second or
successive. (D.I. 1.) The instant petition is Johnson’s second habeas challenge to his
1999 conviction. The court denied Johnson’s first § 2254 petition on the merits. See
Johnson v. Snyder, Civ. A. No. 01-278-GMS, Mem. Order (D. Del. Dec. 10, 2003).
Consequently, because Johnson has filed the instant petition without first obtaining
permission from the Court of Appeals for the Third Circuit, the court does not have the
authority to review the petition. See 28 U.S.C. § 2244(b)(1); Robinson v. Johnson, 313
F.3d 128, 139 (3d Cir. 2002)(ho1ding that when a second or successive habeas petition is
erroneously filed "in a district court without the permission ofthe court of` appeals, the

Case 1:05-cv—00817-Gl\/IS Document 7 Filed 03/30/2006 Page 2 of 2
district court’s only option is to dismiss the petition or transfer it to the court of appeals
pursuant to 28 U.S.C. § 1631.").
2. Johnson has failed to make a "substantial showing of the denial of a
constitutional right," 28 U.S.C. § 2253(c)(2), and a certificate of appealability is not
warranted. See United States v. Eyer, 113 F .3d 470 (3d Cir. 1997); 3rd Cir. LAR 22.2
(2002).
3. Pursuant to Rule 4, 28 U.S.C. foll. § 2254, the clerk shall forthwith serve a
copy of the petition and this order upon: (1) the above-named warden of the facility in
which Johnson is housed; and (2) the Attorney General for the State of Delaware.
4. The clerk shall also send a copy of this order to Johnson at his address on
record.
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V U 'te Sta es District Court
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