Jeremiah S. Farmer v. United States
Whether a federal prisoner may file a successive habeas petition challenging a criminal conviction without presenting new and decisive proof of innocence or a retroactive constitutional rule
No question identified. : FH {6IS1-027 ON el icy Case: 25-1549 Document: 9 Filed: 08/14/2025 Pages: 1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted August 12, 2025 Decided August 14, 2025 Before AMY J. ST. EVE, Circuit Judge NANCY L. MALDONADO, Circuit Judge No. 25-1549 JEREMIAH S. FARMER, Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. v. No. 2:15-cr-72 UNITED STATES OF AMERICA, Philip P. Simon, Judge. ORDER Jeremiah Farmer has filed a notice of appeal from the denial of his motion for appointment of counsel and an informal brief, which we construe as an application for a certificate of appealability. A district court had previously denied Farmer’s first collateral attack. See No. 23-CV-151 (N.D. Ind. May 23, 2024). Farmer does not contend that the district court abused its discretion in construing his motion as an unauthorized and successive collateral attack in substance. And Farmer does not identify new and decisive proof of innocence that could not have been discovered previously through due diligence or a new constitutional rule made retroactive by the Supreme Court. See 28 U.S.C. § 2244(b)(2). Accordingly, the request for a certificate of appealability is DENIED.