Opinion
Criminal Action No. 3:95CR45
10-12-2016
UNITED STATES OF AMERICA v. MARVIN DAMON, Petitioner.
MEMORANDUM OPINION
By Memorandum Opinion and Order entered on October 15, 2003, the Court denied a 28 U.S.C. § 2255 motion filed by Marvin Damon. (ECF Nos. 604, 605.) On June 27, 2016, the Court received another 28 U.S.C. § 2255 motion from Damon ("§ 2255 Motion," ECF No. 630). Damon also filed a Motion to Hold § 2255 Motion in Abeyance until Fourth Circuit Rules on § 2244 Motion. (ECF No. 632.) On July 22, 2016, the United States Court of Appeals for the Fourth Circuit denied Damon permission to file a successive § 2255 motion. (ECF No. 634.)
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 entertain Damon's § 2255 Motion. Accordingly, the § 2255 Motion (ECF No. 630) will be DISMISSED FOR WANT OF JURISDICTION. Damon's Motion to Hold § 2255 Motion in Abeyance until Fourth Circuit Rules on § 2244 Motion (ECF No. 632) will be DENIED AS MOOT. The Court will deny a certificate of appealability.
On July 22, 2016, the Fourth Circuit denied Damon permission to file a successive § 2255 motion. (ECF No. 634.) --------
An appropriate Final Order will accompany this Memorandum Opinion.
/s/_________
M. Hannah Lauck
United States District Judge Date: OCT 12 2016
Richmond, Virginia