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IN RE JACKSON

No. 21-3102.

12 F.4th 604 (2021)

IN RE: Kareem JACKSON, Movant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 2, 2021.

Attorney(s) appearing for the Case

ON MOTION FOR LEAVE TO FILE A SECOND OR SUCCESSIVE HABEAS CORPUS PETITION AND ON MOTION TO REMAND: Alan C. Rossman , Bevlynn J. Sledge , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Movant. ON RESPONSE: Stephen E. Maher , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Respondent.

The panel delivered the order of the court. MOORE, J. (pp. 611-16), delivered a separate concurring opinion. BOGGS, J. (pp. 616-17), delivered a separate dissenting opinion.

ORDER

Kareem Jackson, an Ohio death-row prisoner represented by counsel, has filed two motions. He requests leave to file a second or successive 28 U.S.C. § 2254 habeas corpus petition. See 28 U.S.C. § 2244(b)(3)(A). He also moves the Court to remand his pending petition to the district court, arguing that his petition is not "second or successive" such that his claims must meet the requirements of § 2244(b). For the following reasons, Jackson...

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