Bowe v. United States · ¶156
What the statutory language teaches on this point, context confirms. Next to subsection (b)(1) sits subsection (b)(2). There, Congress addressed second or successive filings presenting new (as opposed to do-over) claims. As laid out in the margin, subsection (b)(2)'s rules for state prisoners' new claims are similar to, but different from, § 2255(h)'s rules for federal prisoners' new claims.And because § 2255(h) applies particularly to federal prisoners, its specific requirements displace § 2244(b)(2)'s more generally applicable ones. See Baltimore Nat. Bank v. State Tax Comm'n of Md., 297 U. S. 209, 215 (1936). So when a court of appeals asks whether a federal prisoner has made a “prima facie showing” that his proposed filing “satisfes the requirements of this subsection” under § 2244(b)(3)(C), the requirements of §§ 2255(h)(1)–(2) step into the shoes that § 2244(b)(2) would otherwise…Read in context ›
preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.