Pleasant v. Clarke
Filing
4
MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 10/14/2014. Copy mailed to Petitioner. (ccol, )
P
IN THE UNITED STATES DISTRICT COURT
2
OCT I 5 20[4
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
CLERK, U.S. DISTRICT COURT
RICHMOND. VA
JEFFREY A.
PLEASANT,
Petitioner,
V.
Civil Action No.
HAROLD W.
3:14CV154
CLARKE,
Respondent.
MEMORANDUM OPINION
Petitioner,
Jeffrey
proceeding pro se,
corpus
pursuant
A.
Pleasant,
a
Virginia
prisoner
submitted this petition for a writ of habeas
to
28
U.S.C.
§
2241.
Because
challenges his convictions for robbery and use of a
Pleasant
firearm in
commission of that robbery in the Circuit Court of Chesterfield
County,
U.S.C.
Virginia
§
petition must
2254.
See Huff,
v.
at
2674030,
Crosby,
his
(E.D.
July
*2
351 F. 3d 1049,
Va.
1060
Virginia,
7,
a
convictions.
28
U.S.C.
(11th Cir.
§ 2254
brought
No.
2008)
Opinion and Order entered March 30,
dismissed
be
3:07CV691,
(citing
2003)).
2005,
petition
pursuant
to
28
2008 WL
Medberry
v.
By Memorandum
the Court previously
challenging
these
Pleasant v. True, No. 3:04CV429 (E.D. Va. Mar. 30,
2005).
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
Felker
v.
by
establishing
Turpin,
518
U.S.
a
651,
"^gatekeeping'
657
(1996).
mechanism."
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
§ 2244(b)(3)(A).
authorization
the
Because
from
the
application."
Pleasant
has
United States Court
28
not
U.S.C.
obtained
of Appeals
for
the
Fourth Circuit to file a successive § 2254 petition challenging
his
convictions and sentence,
this Court
entertain the present § 2254 petition.
lacks
jurisdiction to
Accordingly,
the action
will be dismissed for lack of jurisdiction.
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
requirement
is
debate whether
right."
satisfied
(or,
should
have
been
issues
presented
for
only
U.S.C.
when
that matter,
resolved
were
28
in
a
^adequate
2
"reasonable
agree
different
to
§ 2253(c)(2).
jurists
that)
the
manner
or
deserve
This
could
petition
that
encouragement
the
to
proceed further.'"
Slack v.
{quoting Barefoot v. Estelle,
No
further
law
or
evidence
consideration
McDaniel,
473,
463 U.S. 880, 893 & n.4
suggests
in
529 U.S.
this
that
Pleasant
matter.
A
is
484
(2000)
{1983)).
entitled
certificate
to
of
appealability will be denied.
The Clerk is
to directed to
send a
copy of the Memorandum
Opinion to Pleasant.
Date:
Richmond, Virginia ^
/s/
Robert E. Payne
Senior United States District Judge
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