In re Clark

Clark petitioned for rehearing to allow him to file a petition for rehearing on the denial of his application for authorization to file a second or successive 28 USC 2255 motion. The panel denied the petition holding that 28 USC 2244(b)(3)(E) applies to successive motions under 28 USC 2255 as 2255 expressly incorporates the provisions of 2244 by reference and (b)(3)(E) prohibits rehearing or certiorari on denials of authorization. It noted that this is consistent with the practice of 10th Circuit and several other circuits and that no active 10th Circuit judge voted for rehearing en banc.