Jones v. United States

Background

Rafael Jones filed a new petition for a writ of habeas corpus, a court challenge to the legality of custody or criminal proceedings. Although Jones used a form for a petition under 28 U.S.C. § 2254, the court determined that the filing was actually a petition under 28 U.S.C. § 2241 challenging ongoing criminal proceedings arising from his September 14, 2021 arrest. The opinion states that Jones filed the petition without a lawyer.

In an earlier order in a related proceeding, the court barred Jones from filing future habeas petitions challenging those ongoing proceedings without first obtaining permission from the court. Jones did not seek that permission before filing this action.

Ruling

The court denied the petition and dismissed the action without prejudice because Jones failed to comply with the earlier filing restriction. The order did not decide the underlying challenge to his ongoing criminal proceedings. Chief United States District Judge Laura Taylor Swain also ruled that no certificate of appealability would issue because the petition did not make a substantial showing that a constitutional right had been denied. The court further certified that an appeal would not be taken in good faith and denied permission to appeal without paying filing fees. The clerk was directed to enter judgment.

Effect

The dismissal was based on Jones’s failure to obtain the required permission, not on a determination of the merits of his habeas challenge. The order states that the action was dismissed without prejudice.