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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p p 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: f

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