McKinney v. Walrath et al

Filing 8

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Robert E. Payne on 04/10/2017. Copy mailed to Petitioner.(ccol, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA APR I I 20!7 Richmond Division DAVID MATTHEW McKINNEY, CLERK. U.S. D1Slrl1CT COURl RICHMOND. VA Petitioner, v. Civil Action No. 3:17CV103 JOHN WALRATH, et al., Respondents. MEMORANDUM OPINION Petitioner, David Matthew McKinney, a Virginia inmate proceeding pro se, petition for a writ of habeas corpus under 28 u .S. C. § counts of 2254 wherein robbery, he eight challenges his counts attempted of sentences for eight robbery, seven counts of use of a firearm in the commission of a felony, grand larceny, and conspiracy in the Circuit Court for Virginia Beach. On March 11, 2008, the City of the Court denied a § 2254 petition filed by McKinney challenging the above convictions. McKinney v. Ray, No. 3:07CV266, 2008 WL 652111, at *l, *3 (E.D. Va. Mar. 11, 2008). The Antiterrorism and Effective Death Penalty Act of 1996 restricted the second successive or jurisdiction of the applications district for federal courts habeas to hear corpus relief by prisoners attacking the validity of their convictions and sentences Felker v. by Turpin, establishing 518 U.S. 651, a "'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 2244 (b} (3) (A} . consider the application." Court of Appeals file the present 2254 Petition. for u.s.c. The Court has not received authorization from the United States dismissed 28 § want of for the Fourth Circuit to Therefore, the action will be jurisdiction. The Court will deny a certificate of appealability. An appropriate Final Order will accompany this Memorandum Opinion. /s/ fl4!1A~I J Oj1f;11 Richmon~J;i~inia Date: /l.E/1 Robert E. Payne Senior United States District Judge 2

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