United States District Court, N.D. Mississippi, Oxford Division
MICHAEL P. MILLS, UNITED STATES DISTRICT JUDGE
matter comes before the Court for consideration on Petitioner
Patrick Hollowell's Second Motion to Vacate Judgment
under 28 U.S.C. § 2255 . The Government has
filed a response to the motion. The court has considered the
motion and response as well as the relevant case law and
evidence, and is now prepared to rule.
September 22, 2011, Hollowell pled guilty to and was
convicted of kidnapping, and brandishing a firearm during and
in relation to a “crime of violence.” The Court
sentenced Hollowell to a 324-month term of incarceration.
Hollowell appealed. On appeal, his conviction and sentence
were affirmed by the Fifth Circuit in November 2012.
Hollowell then filed for habeas relief which this Court
denied. This denial was also appealed and the Fifth Circuit
denied a certificate of appealability.
then filed his successive petition on June 24, 2016. The
Fifth Circuit denied authorization to pursue this successive
petition. In re: Patrick Hollowell, 16-60429 (Sept.
AND APPLICABLE STATUTES
prisoner may not file a “second or successive”
application for post-conviction relief in federal district
court unless the prisoner first obtains certification from a
Fifth Circuit panel that his motion satisfies one of two
enumerated grounds under 28 U.S.C. § 2255(h). 28
U.S.C.A. § 2255(h)(2) provides:
A second or successive motion must be certified as provided
in section 2244 by a panel of the appropriate court of
appeals to contain-
(2) a new rule of constitutional law, made
retroactive to cases on collateral review by the Supreme
Court, that was previously unavailable. 28 U.S.C.A. §
(A) Before a second or successive
application permitted by this section is filed in the
district court, the applicant shall move in the appropriate
court of appeals for an order authorizing the district court
to consider the application.
(B) A motion in the court of appeals for an
order authorizing the district court to consider a second or
successive application shall be determined by a three-judge
panel of the court of appeals.
(C) The court of appeals may authorize the
filing of a second or successive application only if it
determines that the application makes a prima facie showing
that the application satisfies the requirements of this
(D) The court of appeals shall grant or deny
the authorization to file a second or successive application
not later than 30 days after the filing of the motion.
(E) The grant or denial of an authorization
by a court of appeals to file a second or successive
application shall not be appealable and shall not be the
subject of a petition for rehearing or for a writ of