Makdessi v. Clarke et al
Filing
6
MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 4/17/12. Copy sent: Yes(tdai, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
ADIB EDDIE RAMEZ MAKDESSI,
Petitioner,
v.
Civil Action No. 3:12CV171
HAROLD W. CLARKE, et al,
Respondents.
MEMORANDUM OPINION
Adib Eddie Ramez Makdessi, a Virginia inmate proceedingpro se, submitted this
28 U.S.C. § 2254 petition. Makdessi challenges his convictions in the Circuit Court for
the City of Virginia Beach. The Courtpreviously denied another 28 U.S.C. § 2254
petition by Makdessi challenging these convictions. See Makdessi v. Watson, 682 F.
Supp. 2d 633, 657 (E.D. Va. 2010).
The Antiterrorism and Effective Death Penalty Act of 1996 restricted the
jurisdiction of the district courts to hear second or successive applications for federal
habeas corpus relief by prisoners attacking the validity of their convictions and sentences
by establishing a "gatekeeping mechanism." Felker v. Turpin, 518 U.S. 651, 657 (1996)
(internal quotation marks omitted). Specifically, "[b]efore a second or successive
application permitted by this section is filed in the district court, the applicant shall move
in the appropriate court of appeals for an order authorizing the district court to consider
the application." 28 U.S.C. § 2244(b)(3)(A). The Court has not received authorization
from the United States Court of Appeals for the Fourth Circuit to file the present § 2254
Petition. Therefore, the action will be DISMISSED for want ofjurisdiction.
An appeal may not be taken from the final order in a § 2254 proceeding unless a
judge issues a certificate of appealability ("COA"). 28 U.S.C. § 2253(c)(1)(A). A COA
will not issue unless a prisoner makes "a substantial showing of the denial of a
constitutional right." 28 U.S.C. § 2253(c)(2). This requirement is satisfied only when
"reasonablejurists could debate whether (or, for that matter, agree that) the petition
should have been resolved in a different manner or that the issues presented were
'adequate to deserve encouragement to proceed further."' Slackv. McDaniel, 529 U.S.
473, 484 (2000) {quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4 (1983)). Because
Makdessi fails to satisfy this standard, a certificate of appealability will be denied.
An appropriate Final Order will accompany this Memorandum Opinion.
JsL
James R. Spencer
Date:^-/f-/3Richmond, Virginia
United States District Judge
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