02-2550 Harris v. Cotton

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“Section 2244(b) applies by its terms to all section 2254 petitions (though not to section 2241 petitions, as we held in Valona v. United States, 138 F.3d 693 (7th Cir. 1998)), so the only question is whether Harris is correct to so characterize his petition. He is, because section 2254 provides the exclusive federal remedy for a person who, being in state custody pursuant to the judgment of a state court, wishes to challenge a sanction that affects the length of his custody. Walker v. O’Brien, 216 F.3d 626, 633 (7th Cir. 2000); Greene v. Tennessee Dept. of Corrections, 265 F.3d 369, 371 (6th Cir. 2001); Coady v. Vaughn, 251 F.3d 480, 485-86 (3d Cir. 2001). The sanction need not be the one imposed by the state court that placed him in state custody, but can be an administrative sanction imposed on him later for misbehavior while in custody pursuant to the state court’s judgment. E.g., Montgomery v. Anderson, 262 F.3d 641, 643 (7th Cir. 2001); Walker v. O’Brien, supra, 216 F.3d at 633; Greene v. Tennessee Dept. of Corrections, supra, 265 F.3d at 371.”

“So Harris does need our permission to file a second petition, and we deny it because he does not indicate what new evidence he has discovered that might justify relief under section 2244(b)(2)(B), the only possibly applicable subsection of the successive-petition provision.”

Motion Denied.

On Motion for Order Authorizing District Court to Entertain a Second Petition for Habeas Corpus, Posner, J.