Opinion
Civil Action No. 7:10-cv-00019.
January 19, 2010
MEMORANDUM OPINION
Petitioner Melvin Cornell Dodson, a Virginia inmate proceedingpro se, filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging his conviction in the Circuit Court of Henry County in August 2005. However, court records indicate that the petitioner previously filed a § 2254 petition concerning the same conviction, Dodson v. Johnson. No. 7:07-cv-00008 (W.D. Va. June 18, 2007). See also Dodson v. Dept. of Corr., No. 7:08-cv-00566 (W.D. Va. Oct. 31, 2008) (dismissing subsequent § 2254 petition as successive). Thus, the petitioner's current petition is a subsequent one, falling under the prohibition in 28 U.S.C. § 2244(b) against a second or successive petition. Pursuant to this section, a federal district court may consider a second or successive § 2254 petition only upon specific certification from the United States Court of Appeals for the Fourth Circuit that the claims in the petition meet certain criteria. 28 U.S.C. § 2244(b). Because the petitioner has not submitted any evidence that he has obtained such certification by the Court of Appeals, I will dismiss the petition without prejudice as successive.
A Fourth Circuit form and instructions for filing a request for certification to file a subsequent petition are available from the Fourth Circuit at the following address: Office of the Clerk, United States Court of Appeals for the Fourth Circuit, 900 E. Main St., Richmond, VA 23219.
The Clerk is directed to send copies of this memorandum opinion and the accompanying order to the petitioner.