Harrell v. Commonwealth of Virginia, No. 3:2015cv00031 - Document 5 (E.D. Va. 2015)

Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Robert E. Payne on 05/08/2015. (ccol, )

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Harrell v. Commonwealth of Virginia Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division p p 1 L E MAY - 8 2015 ROGER LEE HARRELL CLERK. U S OiSTRiCT COURl niC'iMOMO. VA Petitioner, ^ Civil Action No. 3:15CV31 COMMONWEALTH OF VIRGINIA, Respondent. memorandum OPINION • Petitioner, Roger Lee Harrell, a Virginia prisoner proceeding pro se, submitted this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 ("§ 2254 Petition," ECF No. 3), challenging his convictions for burglary, two counts of robbery, abduction. wearing a mask in public, and three counts of On March 20, 2015, the Magistrate Judge issued a Report and Recommendation recommending that the Court dismiss the action because Harrell has not obtained authorization from the United States Court of Appeals for the Fourth Circuit to file a successive § 2254 petition challenging these convictions. The Court advised Harrell that he could file objections within fourteen (14) days of the date of entry thereof. Harrell has not filed objections. There being no objections, the Report and Recommendation will be accepted and adopted. The action will be dismissed for Dockets.Justia.com want of jurisdiction. The Court will deny a certificate of appealability. The Clerk is directed to send Harrell a copy of this Memorandum Opinion. /s/ 1, ^ Robert E. Payne Date: S S e n i o r United States District Judge Richmond, Virginia

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