McGivery v. Clarke, No. 3:2018cv00561 - Document 5 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. SEE OPINION for complete details. Signed by District Judge Henry E. Hudson on 08/31/2018. Copy mailed tom Petitioner.(ccol, )
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McGivery v. Clarke Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division r—1 I" ANTHONY ROLAND McGIVERY, n P iL r\\ i l^i AU6 3 1 2018 IJ' n CLERK. U.S. DiSTniCT COUR1 Petitioner, mCHMOUO. VA Civil Action No. 3:18CV561-HEH V. HAROLD W.CLARKE, Respondent. MEMORANDUM OPINION (Dismissing Successive § 2254 Petition) Petitioner, a Virginia prisoner proceeding pro se, submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his convictions in the Circuit Court for the City of Virginia Beach ofthree counts ofrobbery, three counts of using a firearm in the commission of a felony, three counts ofabduction, one count of grand larceny, two counts of conspiracy in violation of Virginia Code § 18.2-22, one count of abduction with intent to defile, and one count offorcible sodomy. The Court previously has denied a 28 U.S.C. § 2254 petition filed by Petitioner challenging these convictions. McGiveryv. Johnson, No. 3:10CV455-HEH,2011 WL 1838874, at *5(E.D. Va. May 13,2011). The Antiterrorism and Effective Death Penalty Act of 1996 restricted the jurisdiction ofthe 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. Turpin, 518 U.S. 651, 657(1996) Dockets.Justia.com
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