Muamar A. Sayyed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess HabeasCorpus
Does the district court have the authority to dismiss §2254 habeas corpus petition as successive when it was clearly not successive?
QUESTION(S) PRESENTED 1. DOES THE DISTRICT COURT HAVE THE AUTHORITY TO DISMISS §2254 HABEAS CORPUS PETITION AS SUCCESSIVE WHEN TT WAS CLEARLY NOT SUCCESSIVE? 2. DID THE DISTRICT COURT ABUSE ITS DISCRETION BY FAILING TO REOPEN §2254 HABEAS PETITION THAT IT HAD MISTAKENLY AND ERRONEOUSLY DISMISSED AS SUCCESSIVE WHEN IT WAS CLEARLY PROVEN THAT IT WAS NOT? 3. DOES A DISTRICT COURT HAVE A DUTY AND AN OBLIGATION TO CORRECT ITS VOID JUDGMENT DISMISSING A §2254 HABEAS PETITION IN ERROR? : 4a, DOES A 60 (b) MOTION LIE TO CORRECT A DISTRICT COURT'S ABUSE OF DISCRETION WHEN IT DISMISSED AS SUCCESSIVE A FIRST §2254 PETITION? w