Bowe v. United States · ¶31

Unlike the provisions governing authorization decisions for state prisoners, § 2255(h) does not mention this Court's certiorari jurisdiction, let alone purport to limit it. Nor does § 2244(b)(3)(E) readily apply to federal prisoners on its face: Section 2244, overall, imposes several strict requirements that apply only to state prisoners with the aim of facilitating finality,and the certiorari bar in particular speaks to “second or successive applications,” which federal prisoners do not file, see § 2255(e) (federal prisoners must file “motions” for habeas relief, not applications). Whether the Court has jurisdiction therefore turns on the scope of § 2255(h)'s cross-reference to § 2244.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.