Bowe v. United States · ¶88

As I read § 2244(b)(3)(E), a “grant or denial” occurs when a three-judge panel goes through the screening procedures Congress has prescribed and applies the appropriate criteria for second or successive claims.Here, the three-judge panel never actually applied the relevant criteria to Bowe's motion—that is, the criteria for federal prisoners under §§ 2255(h)(1) and (h)(2). Instead, the panel refexively dismissed Bowe's authorization request, holding that § 2244(b)(1)'s bar on do-over claims deprived it of jurisdiction, even though § 2244(b)(1) applies only to state prisoners, for the reasons the Court explains. Ante, at 39.

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