Casey v. Warden, Buckingham Correctional Center

Filing 3

ORDER DISMISSING CASE without prejudice as successive; Certificate of Appealability is DENIED. Signed by Judge James P. Jones on 11/30/2012. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
FREDDIE EUGENE CASEY,
Petitioner,
v.
WARDEN, BUCKINGHAM
CORRECTIONAL CENTER,
Respondent.

)
)
)
)
)
)
)
)
)

Case No. 7:97CV00466
00590
Case No. 7:12CV____
ORDER
By: James P. Jones
United States District Judge

For the reasons stated in the Opinion accompanying this Order, it is
ORDERED as follows:
1.

Petitioner’s “Rule 60 Motion” (ECF No. 38), seeking to

reopen this action under 28 U.S.C.A. § 2254, is DENIED;
2.

Petitioner’s said motion is CONSTRUED as a new

petition for a writ of habeas corpus under 28 U.S.C.A. § 2254, and the
clerk is DIRECTED to docket the pleading as a new and separate civil
action under § 2254;
3.

Petitioner’s new § 2254 petition is DISMISSED without

prejudice under 28 U.S.C.A. § 2244(b) as successive, and is stricken
from the active docket of the court; and

4.

Because Petitioner has not made the requisite showing of

denial of a substantial right, a certificate of appealability is DENIED.
ENTER: November 30, 2012
/s/ James P. Jones
United States District Judge

-2-