Successive 2244 Form (Motion To File A Second-Habeas Corpus Petition)

MOTION FOR AUTHORIZATION TO FILE A SECOND OR SUCCESSIVE HABEAS CORPUS APPLICATION UNDER 28 U.S.C. § 2244(b) BY A PRISONER IN STATE CUSTODY. Under 28 U.S.C. § 2244(b), a federal court of appeals may authorize the filing of a second or successive application seeking relief under 28 U.S.C. § 2254 only if you make a prima facie showing of at least one of these two things stated in § 2244(b)(2): • § 2244(b)(2)(A): The claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court [of the United States], that was previously unavailable; or • § 2244(b)(2)(B)(i): The factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and (ii) The facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. www.FormsWorkflow.com