Bowe v. United States · ¶67

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. Patter son, 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”).

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