Claiborne v. Director of Dept. of Corrections

Filing 2

MEMORANDUM OPINION. Read Opinion for complete details. Signed by District Judge Robert E. Payne on 07/20/2017. Copy mailed to Petitioner as directed.(ccol, )

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

TYEL LASHAWN CLAIBORNE,

JUL 2 42m7

1-

l CLER~~~8'.~cOURT

Petitioner,

v.

Civil Action No. 3:17CV471

DIR. OF DEPT. OF CORR.,
Respondent.
MEMORANDUM OPINION
Petitioner,
proceeding

Tyel

pro

Lashawn
filed

se,

Claiborne,

this

a

u.s.c.

28

Virginia
2254

§

inmate
Petition

challenging his conviction in the Circuit Court of the City of
Richmond

for

U.S.C.

2254

§

murder.

Dir.

at

Va.

below,

{E.D.
the

Court

previously

has

petition challenging the above

Claiborne v.
*5

The

Dep't
Mar.

Court

Corr.,
13,

will

No.

successive, unauthorized 28

u.s.c.

2012

Accordingly,

dismiss

the
§

§

a

conviction.

3:11CV368,

2012).

denied

2254

28
See

WL 859559,

as

explained

Petition

as

a

2254 petition.

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.

"[b) efore a

by

Turpin,

establishing
518

U.S.

651,

a

"' gatekeeping'
657

{1996).

mechanism."
Specifically,

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

the

application."

28

U.S.C.

the

Fourth

§ 2244(b) (3) (A) .

The Court has

not

received authorization from

Circuit to file the present § 2254 petition.

Therefore,

action will be dismissed for want of jurisdiction.

the

The Court

denies a certificate of appealability.
An appropriate Final Order will accompany this Memorandum
Opinion.

/s/

^

y

Date:
Richmond/ Viirginia

Robert E. Payne

4^/

Senior United States District Judge

(