Bowe v. United States · ¶46

In stark contrast, the certiorari bar in § 2244(b)(3)(E) says nothing about how the § 2255 motion must be certified. It instead speaks to what happens after a panel has acted on a certification request: specifically, whether an individual can appeal the panel's certification decision. If the certiorari bar did not exist, no aspect of how the panel certifes a filing would change.Put simply, “the certiorari bar addresses an entirely different act (filing a certiorari petition, not certifying a successive motion) by an entirely different actor (the prisoner, not the panel) in an entirely different court (this Court, not the court of appeals).” Brief for Petitioner 33. If Congress intended § 2255(h) to incorporate this postcertifcation orange alongside all the panel-certification apples in § 2244(b)(3), it did not say so clearly.

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