What is the significance of a habeas petition that asks the court to reenter a judgment so that a prisoner can continue to appeal?

MultiRegion, United States of America

The following excerpt is from Vasquez v. Parrott, 318 F.3d 387 (2nd Cir. 2003):

The same conclusion has been reached, for similar reasons, by a majority of the Circuits that have considered the significance, for purposes of the AEDPA, of a habeas petition that asks the court to reenter a judgment so as to give a prisoner who has missed the deadline for filing an appeal a renewed opportunity to appeal. The prevailing view is that such a petition does not count for purposes of the second or successive petition rule because it does not attack the judgment. See In re Goddard, 170 F.3d 435 (4th Cir.1999); Shepeck v. United States, 150 F.3d 800 (7th Cir. 1998); United States v. Scott, 124 F.3d 1328 (10th Cir.1997); McIver v. United States, 307 F.3d 1327 (11th Cir.2002). But see United States v. Orozco-Ramirez, 211 F.3d 862 (5th Cir.2000); Pratt v. United States, 129 F.3d 54 (1st Cir.1997).

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