Freeman v. Commonwealth of Virginia

Filing 5

MEMORANDUM OPINION. See Opinion for details. Signed by District Judge John A. Gibney, Jr. on 12/11/17. (sbea, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

JASON THOMAS FREEMAN,

Petitioner,
V.

Civil Action No. 3:17CV589

COMMONWEALTH OF VIRGINIA,

Respondent.
MEMORANDUM OPINION

Jason Thomas Freeman, a Virginia inmate proceeding pro se, submitted this 28 U.S.C,

§ 2254 Petition (ECF No. 3). Freeman challenges his 2008 convictions in the Circuit Court of
Botetourt County for obstructing a law enforcement officer in the performance of his duties,

breaking and entering with the intent to commit murder, rape, robbery, or arson, abduction, and
attempting to impede the administration of justice. The United States District Court for the
Western District of Virginia previously denied a 28 U.S.C. § 2254 petition by Freeman

challenging these convictions. Freeman v. Watson, No. 7:12CV00168, 2013 WL 509338, at *1
(W.D. Va. Feb. 11,2013).

The Antiterrorism and Effective Death Penalty Act of 1996 restricted the jurisdiction of
the district courts to hear second or successive applications for federal habeas corpus relief by

prisoners attacking the validity of their convictions and sentences by establishing a "gatekeeping
mechanism." Felker v. Turpin, 518 U.S. 651, 657 (1996) (internal quotation marks omitted).

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 consider the application." 28 U.S.C. § 2244(b)(3)(A). The Court
has not received authorization from the United States Court of Appeals for the Fourth Circuit to

file the present § 2254 Petition.
jurisdiction.

Therefore, the action will be DISMISSED for want of

The Court will DENY a certificate of appealability.

An appropriate Final Order will accompany this Memorandum Opinion.

John A. Gibney, Jr.

United StatesDistrictJu6g^

Date:

1,
Richmond

Virginia