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CROUCH v. NORRIS

No. 00-2415

251 F.3d 720 (2001)

Jay Clint Crouch, Petitioner, v. Larry Norris, Director, Arkansas Department of Correction; Arkansas Post Prison Transfer Board; Leroy Brownlee, Chairman. Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: May 17, 2001

Attorney(s) appearing for the Case

James J. Lessmeister, Little Rock, AR, argued, for petitioner.

O. Milton Fine, II, Assistant Attorney General, Little Rock, AR, argued (Mark Pryor, Attorney General of Arkansas, on the brief), for appellee.

Before LOKEN, HEANEY, and BYE, Circuit Judges.

HEANEY, Circuit Judge.

Arkansas prisoner Jay Clint Crouch seeks permission to file a second or successive habeas corpus petition, invoking 28 U.S.C. § 2244(b)(3)(A), a gatekeeping provision of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Because we conclude that Crouch's proposed petition is not second or successive within the meaning of § 2244, we dismiss Crouch's application.

I....

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