Winston v. U.S. Attorney General et al

Filing 2

MEMORANDUM OPINION. READ OPINION for complete details. Signed by District Judge Robert E. Payne on 06/22/2017. Copy mailed to Petitioner.(ccol, )

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

hi

1

Richmond Division

JUM 2 2 2017

J

MONTE DECARLOS WINSTON,
CLERK. U.S. DISTRICT COURT
RICHMOND. VA

Petitioner,
V.

Civil Action No.

UNITED STATES ATTORNEY GENERAL,

3:17CV405

et al.,

Respondents.
MEMORANDUM OPINION

By Memorandum Opinion and
2013,

Final

Order

entered August

the Court dismissed Monte DeCarlos Winston's petition for

a writ of habeas corpus pursuant to 28 U.S. C.
of the writ.
WL 3967292,

the

1,

writ

Winston v.
at *4

by

challenging

(E.D.

filing

the

U.S.
Va.

a

Aug.

host

execution

Att'y.

or

of

1,

Gen.,

No.

2013).

28

§ 2241^ for abuse

of

§ 2241
his

Petitions

federal

^ That statute provides, in pertinent part:
(c)

The writ of habeas corpus shall not extend to a

prisoner unless-

(1)

He

is

in custody under or by color of

the

authority of the United States or is committed for
trial before some court thereof; or
(2)
He is in custody for an act done or omitted

in pursuance of an Act of Congress, or an order,
process, judgment or decree of a court or judge of
the United States; or

(3)

He

is

Constitution
States

28 U.S.C.

in
or

custody

laws

....

§ 2241(c) (1)- (3) .

or

in

violation

treaties

2013

Winston has abused

U.S.C.

calculation

3:12CV172,

of

the

of

the

United

and

state

sentences.

See

id.

Because

of

Winston's

history

of

abusive filings, the Court placed certain prefiling restrictions
on any new action

his sentence.
7.

Id.

From

challenging

the

calculation or execution of

Specifically, the Court directed:

this

point

forward,

before

the

Court

will review any new action challenging the
calculation or execution of
Winston must do the following:

a.

Provide

a

his

brief

sentence,

summary

. . . explaining
justice warrant
his

b.

why the ends
consideration
and

submission

summary
to
filing; and,
Certify that
to

present

the
the
are

attach

front
claims
new

the

of
he

of
of

any

wishes

claims

never

before raised and disposed of on
the merits by any federal court
and set forth why each claim could
not

have been raised

in one

of

his

previous actions.

Winston's failure to comply with the above
directives will result in summary dismissal
of

the

new action.

Id.

The Court views

§ 2241

Petition

as

the arguments

yet

another

execution of his sentence.

raised in Winston's current

attempt

to

challenge

the

Winston has failed to comply with

the certification requirements outlined in the Court's August 1,
2013
§ 2241

Memorandum

Opinion

Petition will

without prejudice.

be

and

Order.

denied and

the

Accordingly,
action will

Winston's

be dismissed

The Clerk is directed to send a copy of the Memorandum
Opinion to Winston.

/s/
Robert E.Payne
Richmoncy, Virginia

'

Senior United States District Judge

Date:

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