Sykes v. Clarke, No. 3:2013cv00657 - Document 2 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 12/17/2013. (tjoh, )
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I Richmond Division YUSEF HASAN SYKES, E ir\ i8 2013 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA E CLERK. U.S. DISTRICT COURT RICHMOND, VA Petitioner, v. Civil Action No. 3:13CV657 HAROLD CLARKE, Respondent. MEMORANDUM OPINION By Memorandum Opinion and Order entered on July 18, 2011, the Court denied a petition under 28 a.S.c. S 2254 by vUSef Hasan Sykes challenging his Virginia convictions of murder and use of firearm during the commission of a felony. S^kes^ Johnson, No. 3.-10CV654, 2011 WL 2899170, at *8 (E.D. Va. July », 2011). 0n september 24# 2Q13< the ^^ ^.^ another ^ U.S.C. S 2254 petition from Sykes challenging the same convictions ("September 24, 2013 Petition"). 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 Z^Tuala. 518 U.S. 651, 657 (1996, (internal quotation marks o^tted,. specifically, "before 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." has not received the September 24, 28 U.S.C. § 2244(b)(3)(A). authorization 2013 from Petition, the the Because the Court Fourth action Circuit will be to file dismissed for want of jurisdiction. An appeal may not be taken from the final order in a § 2254 proceeding unless a judge issues a certificate of appealability ("COA"). 28 U.S.C. § 2253(c)(1)(A). A COA will not issue unless a prisoner makes "a substantial showing of the denial of a constitutional requirement is right." satisfied debate whet her (or, should have issues presented been U.S.C. when in a xadequate § 2253(c)(2). "reasonable for that matter, were agree different to jurists that) could the petition manner deserve This or that encouragement the to Slack v. McDaniel, 529 U.S. 473, 484 (2000) (quoting Barefoot v. be only resolved proceed further.'" Sykes 28 Estelle, 463 U.S. fails to satisfy this standard. 880, 893 & n.4 (1983)). Accordingly, a COA will copy Memorandum denied. The Clerk is directed to send a of this Opinion to Sykes. A * , Date: /j/^&^/tAt (7/ \#/£ Richmond, Virginia ' l*L Robert E. Payne fit? Senior United States District Judge
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