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, )

Download PDF
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 (

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?