POTTS v. UNITED STATES

No. 99-1186.

210 F.3d 770 (2000)

Rickey L. POTTS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 24, 2000.


Attorney(s) appearing for the Case

Rickey L. Potts (submitted), Federal Correctional Institution, Sandstone, MN, pro se.

Mel S. Johnson (submitted), Office of the U.S. Attorney, Milwaukee, WI, for respondent-appellee.

Before POSNER, Chief Judge, and COFFEY and EASTERBROOK, Circuit Judges.


POSNER, Chief Judge.

The stringent limitations that the Antiterrorism and Effective Death Penalty Act places on the filing of a second or successive petition for habeas corpus (or its federal prisoner's counterpart, a motion under 28 U.S.C. § 2255) make it vital to determine whether a previous petition (or motion) was "the real thing" that ought to subject the petitioner or movant to those limitations. The essential point is that a prisoner is entitled to one...

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