Harrell v. United States of America
Filing
7
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/1/13. Copy sent: Yes(tdai, )
IN THE
UNITED
STATES
DISTRICT
COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
ROGER LEE HARRELL,
Petitioner,
v.
Civil Action No.
3:13CV153
COMMONWEALTH OF VIRGINIA,
Respondent.
MEMORANDUM OPINION
By
Memorandum
Opinion
and
Order
entered
the Court denied a petition under 28 U.S.C.
Harrell
challenging
wearing
counts
a
in
2006).
U.S.C.
§
two
Harrell
On March 11,
2254
petition
convictions ("March 11,
restricted
the
second
successive
v.
from
of
Virginia,
21,
2006
§ 2254 by Roger Lee
convictions
counts
2013,
July
of
burglary,
robbery,
and
3:05CV636
three
(E.D.
Va.
the Court received another
Harrell
challenging
the
same
of
1996
to
hear
2013 Petition").
The Antiterrorism and
or
Virginia
public,
of abduction.
July 21,
28
mask
his
on
Effective
jurisdiction
of
Death
the
applications
Penalty Act
district
for
federal
courts
habeas
corpus
relief by prisoners attacking the validity of their convictions
and sentences by establishing a "gatekeeping mechanism."
v.
Turpin,
omitted).
518
U.S.
651,
Specifically,
657
(1996)
x>[b]efore
application permitted by this
section
(internal
a
second
is
filed
Felker
quotation
or
in
marks
successive
the
district
court,
the
applicant
shall
move
in
the
appropriate
court
appeals for an order authorizing the district court to
the application."
has
not
received
the
March
11,
28 U.S.C.
§ 2244(b)(3)(A).
authorization
2013
Petition,
from
the
the
consider
Because the Court
Fourth
action
of
will
Circuit
be
to
file
dismissed
for
want of jurisdiction.
An appeal may not be taken from the final order in a § 2254
proceeding unless a judge issues a certificate of appealability
PCOA") .
28
U.S.C.
§
2253(c)(1)(A).
A
COA
will
unless a prisoner makes "a substantial showing of
a
constitutional
requirement
is
right."
satisfied
debate
whether
(or,
should
have
issues
presented
been
Harrell
fails
to
only
that
resolved
were
proceed further.'"
(quoting Barefoot
for
28
when
a
^adequate
satisfy
different
463
this
U.S.
the
manner
or
could
petition
that
encouragement
529 U.S.
880,
This
jurists
that)
deserve
McDaniel,
Estelle,
§ 2253(c)(2).
agree
to
issue
the denial of
"reasonable
matter,
in
Slack v.
v.
U.S.C.
not
893
standard.
473,
484
& n.4
the
to
(2000)
(1983)).
Accordingly,
a
certificate of appealability will be denied.
The
Clerk
is
directed
to
send
a
copy
of
this
Memorandum
Opinion to Harrell.
Date' (AH^M/,201%
Richmond, Virginia
'
Robert E. Payne
Senior United States District Judge
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