ALTMAN v. BENIK

No. 03-2737.

337 F.3d 764 (2003)

Lewis ALTMAN, Jr., Applicant, v. Daniel J. BENIK, Warden, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 2003.


Attorney(s) appearing for the Case

Lewis Altman, Jr. (submitted a brief), Stanley, WI, pro se.

Peggy A. Lautenschlager (submitted a brief), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for respondent.

Before BAUER, RIPPLE, and KANNE, Circuit Judges.


PER CURIAM.

Lewis Altman has applied for an order pursuant to 28 U.S.C. § 2244(b)(3) authorizing the district court to consider a second or successive petition under § 2254. He filed a previous § 2254 petition in the district court in March 2000, and the court dismissed it as untimely. He needs permission from this court to file another petition only if his previous untimely petition counts as a "prior application" under § 2244(b). We hold that...

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