IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 96-31036
Summary Calendar
_____________________
SYLVESTER ROLLINS,
Petitioner-Appellant,
versus
BURL CAIN, Acting Warden; RICHARD P. IEYOUB,
Attorney General, State of Louisiana,
Respondents-Appellees
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC 96-CV-1395-M
- - - - - - - - - -
September 23, 1997
Before DUHE’, DeMOSS and DENNIS, Circuit Judges.
PER CURIAM:*
Sylvester Rollins, a Louisiana prisoner (# 76405), appeals
from the district court’s order dismissing, without prejudice,
his 28 U.S.C. § 2254 habeas corpus petition. The district
court’s order was based on Rollins’ failure to seek certification
from this court to file a successive § 2254 petition, pursuant to
* 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that this opinion should not be published and is not precedent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.
No. 96-31036
-2-
28 U.S.C. § 2244(b)(3) as amended by the Antiterrorism and
Effective Death Penalty Act (“AEDPA”). Because Rollins filed his
petition prior to the AEDPA’s April 24, 1996, enactment date,
however, the certification provision in the amended § 2244(b)(3)
did not apply to his petition. See Williams v. Cain, 117 F.3d
363, 363-65 (5th Cir. 1997). Accordingly, the district court’s
order is VACATED and this case is REMANDED for further
proceedings.
VACATED AND REMANDED.