Stapleton v. United States Of America, No. 7:2005cv00541 - Document 4 (W.D. Va. 2005)
Court Description: OPINION AND ORDER filing and dismissing motion under 28 U.S.C. 2255 without prejudice. Signed by Judge James P. Jones on 9/2/05. (Callahan, Sharon)
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Stapleton v. United States Of America Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION GLEN W. STAPLETON, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ) Case No. 7:05-CV-00541 Case No. 2:01-CR-10026 OPINION AND ORDER By: James P. Jones Chief United States District Judge Petitioner, Glen W. Stapleton, a federal inmate proceeding pro se, has submitted to the court this Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C. § 2255. Upon review of the petition and court records, I find that Stapleton s § 2255 motion must be dismissed as successive. Records indicate that Stapleton pled guilty in January 2002 to an indictment charging him with possession of a firearm by a convicted felon. The court sentenced him on June 18, 2002, to 180 months in prison. Stapleton did not appeal. In August 2004, he filed a § 2255 motion regarding the same conviction and/or sentence, see Case No. 7:04-CV-00459; the court dismissed this motion as untimely filed. Based on the foregoing, I conclude that petitioner's current § 2255 motion is a second or subsequent one. This court may consider a second or successive § 2255 motion only upon specific certification from the United States Court of Appeals for the Fourth Dockets.Justia.com Circuit that the claims in the motion meet certain criteria.1 See § 2255, ¶8. As Stapleton offers no indication that he has obtained certification from the court of appeals to file a second or successive § 2255 motion, I must dismiss his current § 2255 motion without prejudice. Accordingly, it is ORDERED that the Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. § 2255, is FILED and DISMISSED without prejudice as successive, and the action is stricken from the active docket of the court. ENTER: September 2, 2005 /s/ JAMES P. JONES Chief United States District Judge 1 Petitioner is hereby advised of the procedure for obtaining certification from the United States Court of Appeals for the Fourth Circuit to have this court review a successive §2255 motion. Petitioner must submit a copy of successive § 2255 motion to the court of appeals, along with a motion requesting a three-judge panel certification that the district court may review the successive § 2255 motion. See 28 U.S.C. § 2244. A form and instructions for filing this motion are available at the following address: Office of the Clerk, United States Court of Appeals for the Fourth Circuit, 900 E. Main St., Richmond, VA 23219. -2-
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