Willie Triplett, Jr. v. Darrel Vannoy, Warden , 713 F. App'x 396 ( 2018 )

Case: 17-30100 Document: 00514370611 Page: 1 Date Filed: 03/02/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-30100
Fifth Circuit
FILED
March 2, 2018
WILLIE TRIPLETT, JR., Lyle W. Cayce
Clerk
Petitioner-Appellant
v.
DARREL VANNOY, Warden, Louisiana State Penitentiary,
Respondent-Appellee
Appeals from the United States District Court
for the Middle District of Louisiana
USDC No. 3:02-CV-770
Before DENNIS, SOUTHWICK, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Willie Triplett, Jr., Louisiana prisoner # 100388, was convicted of
aggravated rape and sentenced to life imprisonment. He moves for a certificate
of appealability (COA) and for leave to proceed in forma pauperis (IFP) to
challenge the district court’s order that Triplett’s motion for relief from
judgment not be filed.
Triplett’s unfiled motion raised a new 28 U.S.C. § 2254 claim and was a
successive § 2254 application. See Gonzalez v. Crosby, 545 U.S. 524, 532–33
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-30100 Document: 00514370611 Page: 2 Date Filed: 03/02/2018
No. 17-30100
(2005). Because Triplett did not have this court’s permission to file a second
or successive application, the district court did not have jurisdiction to consider
it. See 28 U.S.C. § 2244(b)(3)(A).
To the extent that Triplett is required to obtain a COA, he has not shown
that reasonable jurists could conclude that the district court abused its
discretion in ordering that Triplett’s motion for relief from judgment not be
filed. See Hernandez v. Thaler, 630 F.3d 420, 428 (5th Cir. 2011). Accordingly,
his request for a COA is DENIED. To the extent that he does not need a COA,
the order of the district court is AFFIRMED. His motion for leave to proceed
IFP on appeal is DENIED.
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