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Gautier v. Wall

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Before Lynch, Chief Judge, Howard and Thompson, Circuit Judges.

Jacques Gautier could have filed one habeas petition raising all of his claims after “exhaust[ing] the remedies available in the courts of the State.” 28 U.S.C. § 2254(b)(1)(A). Instead, he “twice brought claims contesting the same custody imposed by the same judgment of a state court.” Burton v. Stewart, 549 U.S. 147, 154 (2007) (per curiam). His second such petition was “second or successive” under 28 U.S.C. § 2244(b). It should not have been filed without our authorization. For the reasons explained below, we direct the district court to dismiss the petition for lack of jurisdiction.

I.

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