Plaintiff: Application for Leave to File a Second or Successive Habeas Corpus Petition 28 U.S.C. § 2244(b) by a Prisoner in State Custody
Note regarding this Application Submittal: Petitioner filed a Motion for Request to File Second or Successive § 2254 Habeas Petition which arrived and was stamped as received by the Clerk of the Court, United States Court of Appeals for the Eleventh Circuit on May 11, 2006. Petitioner elected not to use the form herein because the form clearly states: “All applicants seeking leave to file a second or successive petition are required to use this form, except in capital cases. In capital cases only, the use of this form is optional.”
Petitioner was convicted of capital murder. He assumed this was a capital case until the Clerk of the Court returned his motion with instructions to complete the form herein on May 15, 2006. The AEDPA deadline for filing in Federal District Court is June 9, 2006. Petitioner prays this honorable Court will consider this in its decision.
See letter by attorney to 11th Circuit Court requesting amendment to Court's instructions on Capital Cases.
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