Dixon v. Clark, No. 3:2018cv00663 - Document 3 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION. Signed by District Judge Henry E. Hudson on 10/04/2018. Copy mailed to Petitioner. (walk, )

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Dixon v. Clark Doc. 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division OCT-520IB MARCUS LESHAWN DIXON, oiy I R(CT COURT __^jCHMOND^ VA Petitioner, Civil Action No. 3:I8CV663-HEH HAROLD CLARK, 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 of the County of Northampton for first degree murder, breaking and entering, robbery, and three counts of use of a firearm in the commission of a felony. The Court previously has denied a 28 U.S.C. § 2254 petition filed by Petitioner challenging these convictions. See Dixon v. Clark, No. 3:12CV429, 2013 WL 4880465, at *1 (E.D. Va. Sept. 12, 2013). 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. Turpin, 518 U.S. 651,657(1996) (internal quotation marks omitted). Specifically,"[bjefore a second or successive application permitted by this section is filed in the district court, the applicant shall move Dockets.Justia.com

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