Dorman v. State Of Delaware et al

Filing 3

MEMORANDUM regarding 1 PETITION for Writ of Habeas Corpus. Signed by Judge Richard G. Andrews on 5/14/2013. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND DORMAN,
Petitioner,
v.

C.A. No. 13-420-RGA

WARDEN, NEW JERSEY STATE
PRISON, and ATTORNEY GENERAL
OF THE STATE OF DELAWARE,
Respondents.

MEMORANDUM
Petitioner Raymond Dorman's pending Petition for a Writ of Habeas Corpus
Pursuant to 28 U.S.C. § 2254 ("Petition") challenges his 1987 convictions for assault in
a detention facility, promoting prison contraband, and three related weapons offenses.
(D. I. 1) Dorman (using the name Askia Saafir Tai Bey) was already denied habeas
relief for these same convictions on one prior occasion, when the Honorable Sue L.
Robinson dismissed his first petition as time-barred. See Bey v. N.J. Ass't Super.

Hendricks, 2000 WL 777863 (Del. June 14, 2000).
The instant Petition is a second or successive habeas petition under 28 U.S.C. §
2244, because the denial of Dorman's first petition as time-barred constitutes an
adjudication on the merits for the purposes of 28 U.S.C. § 2244(b), and the instant
Petition asserts a claim that either was or could have been asserted in Dorman's first
petition. See Murray v. Greiner, 394 F.3d 78, 80 (3d Cir. 2005); Benchoffv. Colleran,
404 F.3d 812, 817-18 (3d Cir. 2005). Dorman has not obtained authorization from the
Third Circuit Court of Appeals to file this successive habeas request. See 28 U.S.C. §§

2244(b)(2)(B) & (3). Accordingly, the Court will dismiss the Petition for lack of
jurisdiction. See Rule 4, 28 U.S.C. foil.§ 2254; Robinson v. Johnson, 313 F.3d 128,
139 (3d Cir. 2002). A separate Order will be entered.

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