West v. Clarke, No. 3:2018cv00552 - Document 2 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. See Opinion for details. Signed by District Judge Robert E. Payne on 8/22/2018. (sbea, )
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West v. Clarke Doc. 2 [L u IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division AUG 2 2 / :J CLERK, U.S. DISTRICT COUR1 RICHMO'.~D. VA CAVELL DEVON WEST, Petitioner, v. Civil Action No. 3:18CV552 HAROLD CLARKE, Respondent. MEMORANDUM OPINION Cavell Devon West, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S. C. Petition, 11 ECF No. the Circuit Court 2254 § ( "§ 2254 1), wherein he challenges his convictions in for the County of Chesterfield, Virginia of first degree murder, armed burglary, and two counts of use of a firearm in commission of those crimes, thirty-eight ( 38) Court denied a above § years in prison. 2254 convictions. and his active term of On December 18, petition filed by West West v. Clarke, 2013, the challenging the No. 3:12CV544, 2013 WL 6713171, at *1-5 (E.D. Va. Dec. 18, 2013). The Antiterrorism and Effective Death Penalty Act of 1996 restricted the second successive or jurisdiction of the applications district for federal courts habeas to hear corpus relief by prisoners attacking the validity of their convictions and sentences by establishing a "'gatekeeping' mechanism. 11 Dockets.Justia.com and sentences Felker v. by establishing Turpin, "[b] efore a 518 U.S. a "'gatekeeping' 651, 657 (1996). mechanism." Specifically, 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 2244 (b) (3) (A). the to consider the of Appeals file the present§ 2254 Petition. for 28 u.s.c. The Court has not received authorization from United States Court dismissed application." want of for the Fourth Circuit to Therefore, the action will be jurisdiction. A certificate of appealability will be denied. An appropriate Final Order will accompany this Memorandum Opinion. Isl ~fwJ Date: i, )"( 1,(7/8 Richmond, v'!rginia Robert E. Payne Senior United States District Judge 2
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