Successive Nature of 2255 Petition Appealable

U.S. v. Harper, 2008 WL 4756393 (10/31/08) (Published) - The district court's denial of a 28 USC § 2255 motion on the grounds that it was successive and had not been previously authorized by the 10th is a final order appealable to the 10th. It is also subject to the § 2253 certificate of appealability requirement. The district court had obviously made the correct decision in this case, the 10th says.