Opinion
Criminal Action No. 3:09CR203-HEH
09-19-2016
UNITED STATES OF AMERICA v. RONELL JONES, Petitioner.
MEMORANDUM OPINION
(Dismissing Successive 28 U.S.C. § 2255 Motion)
By Memorandum Opinion and Order entered on May 29, 2015, the Court denied a 28 U.S.C. § 2255 motion filed by Ronell Jones. (ECF Nos. 62, 63.) On July 28, 2016, the Court received from Jones a successive, unauthorized 28 U.S.C. § 2255 Motion. (ECF No. 68.)
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 Jones's § 2255 Motion. The § 2255 Motion (ECF No. 68) will be dismissed for want of jurisdiction. The Court will deny a certificate of appealability.
An appropriate Final Order will accompany this Memorandum Opinion.
/s/_________
HENRY E. HUDSON
UNITED STATES DISTRICT JUDGE Date: September 19, 2016
Richmond, Virginia