Death Penalty Act of 1996 has placed limitations on successive petitions. In light of conflicting
precedents in various federal jurisdictions and because most closed case records are at the
Federal Records Center, a magistrate judge or district judge may, in his or her discretion,
authorize service of a petition under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 where court records
do not conclusively show that a petition is successive. In such circumstances, the respondents
may raise successiveness as an affirmative defense.
