Birdsong v. Clarke, No. 3:2013cv00786 - Document 7 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 10/10/14. (khan, )
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Birdsong v. Clarke Doc. 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CHARLES A. BIRDSONG, Petitioner, v. Civil Action No. 3:13CV786 HAROLD CLARKE, Respondent. MEMORANDUM OPINION Petitioner, Charles A. Birdsong, a Virginia prisoner proceeding pro se, submitted this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his convicnons of aggravated malicious wounding and use of a firearm in the Circuit Court for the County of Henrico, Virginia. The Court previously dismissed a § 2254 Petition from Birdsong con :erning these convictions. See Birdsong v. True, No. 3:03cv765 (E.D. Va. Mar. 31,2004). 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. Turpirt, 518 U.S. 651, 657 (1996). Specifically, "[bjefore a second or successive application permitted by this section is filed in the district court,' he applicant shall move in the appropriate court of appeals for an order authorizing the dist ict court to consider the application." 28 U.S.C. § 2244(b)(3)(A). Because Birdsong has not obtained authorization from the United States Court of Appeals for the Fourth Circuit to file a successive § 2254 petition challenging his probation revocation, this Court lacks jurisdiction to Dockets.Justia.com
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