United States Court of Appeals
For the Eighth Circuit
___________________________
No. 17-1856
___________________________
Earl Jackson
lllllllllllllllllllll Plaintiff - Appellant
v.
C. V. Rivera, (originally named as USA)
lllllllllllllllllllll Defendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Arkansas - Helena
____________
Submitted: October 4, 2017
Filed: October 31, 2017
[Unpublished]
____________
Before SMITH, Chief Judge, ARNOLD and BENTON, Circuit Judges.
____________
PER CURIAM.
Federal prisoner Earl Jackson appeals the district court’s dismissal of his 28
U.S.C. § 2241 petition challenging his sentence, which was enhanced under 18
U.S.C. § 924(e) (Armed Career Criminal Act (ACCA)), based on Johnson v. United
States, 135 S. Ct. 2551, 2557 (2015). The district court denied the petition as a
successive and unauthorized 28 U.S.C. § 2255 motion. We construe Jackson’s notice
of appeal as a request for authorization to file a successive section 2255 motion, and
grant the request, as Jackson has made a prima facie showing that he no longer has
three qualifying convictions to support an ACCA sentence. See Menteer v. United
States, 806 F.3d 1156, 1156 (8th Cir. 2015) (this court may grant authorization only
if applicant makes prima facie showing that he has met requirements of § 2255(h));
Woods v. United States, 805 F.3d 1152, 1153-54 (8th Cir. 2015) (per curiam) (prima
facie showing is sufficient showing of possible merit to warrant further exploration
by district court). While we express no views on whether any section 2255 motion
filed by Jackson in the district court is timely filed or has merit, we note that he
protectively filed a timely section 2255 motion raising claims based on Johnson in the
District Court for the Western District of Missouri on June 26, 2016.
______________________________
-2-