Bowe v. United States · ¶65
Begin with the text. Section 2244(b)(1) states that “[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed.” State prisoners alone file habeas corpus applications under §2254. See §2254(a) (noting that §2254 is limited to “a person in custody pursuant to the judgment of a State court”); see also Magwood v. Pat terson, 561 U. S. 320, 333 (2010) (“The requirement of custody pursuant to a state court-judgment distinguishes §2254 from other statutory provisions authorizing relief from constitutional violations—such as §2255, which allows challenges to the judgments of federal courts”).Read in context ›
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