Serafin Flores, a federal prisoner, appeals from a district court1 order dismissing a second 28 U.S.C. § 2255 motion because Flores had not sought certification from this court prior to filing the motion. We reverse and remand.

A jury found Flores guilty of conspiracy to distribute methamphetamine. While Flores's direct appeal was pending before this court, a 28 U.S.C. § 2255 motion was filed in the district court on behalf of Flores.2 Finding that it lacked jurisdiction to review the § 2255 motion while the direct appeal was pending, the district court dismissed the motion without prejudice to Flores's right to file a § 2255 motion if his conviction was affirmed. Subsequently, this court dismissed the direct appeal as untimely filed. United States v. Flores, No. 95-3123, 1996 W.L. 102420 (unpublished per curiam). After the Anti-terrorism and Effective Death penalty Act was enacted, Flores filed the second § 2255 motion in the district court. The court dismissed the second motion because Flores had not sought certification from this court pursuant to 28 U.S.C. § § 2255 and 2244(b).

We hold that a habeas petition which is filed after a prior petition has been dismissed without prejudice does not qualify as "second or successive" habeas application within the meaning of § § 2255 and 2244(b). See McWilliams v. Colorado, --- F.3d ---, 1997 WL 452575 at * 2 (10th Cir. August 11, 1997) (collecting cases holding that 28 U.S.C. § 2254 habeas petition filed after prior petition was dismissed without prejudice for failure to exhaust state remedies is not "second or successive" petition within meaning of 28 U.S.C. § 2244(b)(1)). Accordingly, we reverse the decision of the district court and remand for further proceedings.