Sanders v. Wilson, No. 1:2013cv00892 - Document 4 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION and Order. ORDERED that petitioner's Motion for Clarification 3 be and is GRANTED; that this petitiion be and is DISMISSED WITHOUT PREJUDICE to petitioner's right to move a panel of the USCA for the 4th Circuit for an o rder authorizing the sentencing court to consider the petition; that Petitioner's request to proceed in forma pauperis 2 be and is DENIED, as moot. To appeal, petitioner must file a written notice of appeal with the Clerk's Office within 60 days of the date of this Order. Petitioner must also request a certificate of appealability, which this court declines to issue. Signed by District Judge Anthony J Trenga on 8/2/2013. (rban, )
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Sanders v. Wilson Doc. 4 I IN THE UNITED STATES DISTRICT COURT FOR THH(/ / AUG - 2 21 EASTERN DISTRICT OF VIRGINIA / [__ \1 CLtHK, US nic?S-,-T Alexandria Division ¢ ^J^Rg; Ronald Christopher Sanders, Petitioner, l:13cv892(AJT/TRJ) Warden Eric Wilson, Respondent. MEMORANDUM OPINION AND ORDER Ronald Christopher Sanders, a federal inmate housed in the Eastern District of Virginia and proceeding pio se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, challenging the lawfulness of his sentence. Petitioner has applied to proceed in forma pauperis in this action For the reasons that follow, this petition must be construed as a successive motion to vacate pursuant to 28 U.S.C. § 2255 and dismissed, without prejudice to petitioner's right to move a panel of the United States Court of Appeals for the Fourth Circuit for an order authorizing the sentencing court to consider the petition. Petitioner also has filed a Motion for Clarification to correct a typographical error in the petition, which will be granted. I. Petitioner is presently serving a sentence that was imposed on February 11, 2009 following his conviction of a possession of a firearm by a convicted felon in the United States District Court for the District of South Carolina. Pet. at ffl| 4,13. According to information available through the Court's PACER system, petitioner pleaded guilty to the offense. Case No. 4:08cr621-TLW, Dkt. 39. Petitioner's sentence was enhanced above the mandatory minimum penalty of 60 months to 180 months pursuant to 18 U.S.C. § 924(e), the Armed Career Criminal Act. Pet. at H13. The United States Court of Appeals for the Fourth Circuit affirmed petitioner's Dockets.Justia.com
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