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, )

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