-RSB Hoyte v. United States Of America, No. 3:2012cv80413 - Document 1 (W.D. Va. 2012)

Court Description: MEMORANDUM OPINION. Signed by Judge James P. Jones on 02/24/2012. (kab)

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  IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION   ) ) ) ) ) ) ) ) ) UNITED STATES OF AMERICA v. OBED RAHEEM HOYTE, Defendant. Case No. 3:93CR00010-001 OPINION By: James P. Jones United States District Judge Obed Raheem Hoyte, Pro Se Defendant. The defendant, proceeding pro se, has submited what he styles as a REQUEST FOR JUDICIAL NOTICE, in which he sets forth claims that he wishes to bring under 28 U.S.C.A. § 2255 (West Supp. 2011). He asks the court for permission to pursue these claims without dismissing them as a successive § 2255 motion. After reviewing the court s records, I will construe Hoyte s submission as a § 2255 motion and dismiss it as successive. Hoyte complains that some prior motions he earlier submitted were construed as § 2255 motions and dismissed as successive without notifying Hoyte in advance of the court s construction of the motion. Hoyte apparently refers to a § 2255 motion he submitted in 2006. Initially, I dismissed Hoyte s motion as successive under § 2255(h). When Hoyte moved for reconsideration under Castro v. United States, 540 U.S. 375 (2003), however, I granted his motion, reinstated the       § 2255 motion and denied it on the merits. Hoyte v. United States, Case No. 7:06CV00078, 2006 WL 2375526, at *1 (W.D. Va. Aug. 16, 2006). Since Hoyte thus utilized his opportunity to pursue an initial § 2255, I can only find that his current § 2255 claims are successive. This court may consider a second or successive § 2255 motion only upon specific certification from the United States Court of Appeals for the Fourth Circuit that the claims in the motion meet certain criteria. See 28 U.S.C.A. § 2255(h). Because Hoyte offers no indication that he has obtained certification from the court of appeals to file a second or successive § 2255 motion, I must dismiss his current action without prejudice. A separate Final Order will be entered herewith. DATED: February 24, 2012 /s/ James P. Jones United States District Judge 2    

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