Judge Michael Telesca
Lewis’ Oct. 4, 2010, petition for 28 USC §2254 habeas reliefclaiming a 2007 parole revocation hearing constitutionally flawedwas dismissed Dec. 12, 2011. On July 5, 2012, Second Circuit denied Lewis leave to appeal. His Aug. 1 motion for leave to file a second or successive petition (Second Petition) was opened as a new case. On Sept. 20, Second Circuit denied the Second Petition as unnecessary because adjudication of his Oct. 4, 2010, petition for §2254 relief (First Petition) was not final as of the date the Second Petition was filed. Because the First Petition was not "finally adjudicated" the Second Petition was not a "second or successive petition." Following transfer by Second Circuit district court dismissed Lewis’ Second Petition, finding it an abuse of the writ. Lewis’ Second Petition revealed no actual prejudice entitling him to relief. The five grounds for relief in Lewis’ Second Petition either duplicated claims previously raised in his First Petition or amounted to claims that could have been raised therein. Even if actual innocence were a standalone basis for habeas relief, Lewis did not provide anything undermining the court’s original determination that the prosecution met its burden of proof at the revocation hearing.
