Opinion
Civil Action No. 7:08-cv-00566.
October 31, 2008
MEMORANDUM OPINION
Petitioner Melvin Cornnell Dodson, a Virginia inmate proceedingpro se, brings this action as a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging his conviction in the Circuit Court of Henry County for possessing a firearm as a convicted felon. Dodson previously challenged this conviction in a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, which I dismissed on June 18, 2007, subsequent to respondent's motion to dismiss and petitioner's response thereto.See Dodson v. Johnson, Civil Action No. 7:07cv00008 (W.D. Va. June 18, 2007).
Under the provisions of the federal habeas statutes regarding subsequent or successive § 2254 petitions, the 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. See 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, the court 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 certified copies of this memorandum opinion and accompanying order to petitioner.