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Before MURPHY, McCONNELL, and GORSUCH, Circuit Judges.

Randy Kailey was convicted in Colorado state court of two counts of aggravated incest. The victims were his two daughters. He unsuccessfully pursued direct appeals and post-conviction proceedings in state court, then filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied the petition, this court affirmed, and the Supreme Court denied certiorari. Kailey v. Norton, No. 94-1512, 1996 WL 15547, at *3 (10th Cir. Jan. 17, 1996), cert. denied, 517 U.S. 1193 (1996). Mr. Kailey then filed another § 2254 petition, which the district court dismissed as successive. Kailey v. Furlong, No. 96-cv-02651-LTB, slip op. (D. Colo. May 9, 1997), appeal dismissed, No. 97-1223, slip op. (10th Cir. Nov. 13, 1997). In 2007, Mr. Kailey filed another § 2254 petition, which the district court transferred to this court so he could seek authorization to file it under 28 U.S.C. § 2244(b)(3). Mr. Kailey then filed in this court a motion seeking authorization to file a second or successive § 2254 petition.

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