Orr v. United States Of America, No. 7:2007cv00028 - Document 2 (W.D. Va. 2007)
Court Description: OPINION. Signed by Judge James P. Jones on 2/1/07. (Callahan, Sharon)
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Orr v. United States Of America Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION RICHARD A. ORR, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No. 7:07CV00028 OPINION By: James P. Jones Chief United States District Judge Richard A. Orr, petitioner pro se. The petitioner, a federal inmate proceeding pro se, filed a pleading that I construe as a Motion to Vacate, Set Aside, or Correct Sentence, pursuant to 28 U.S.C.A. § 2255 (West Supp. 2006), based on the nature of the claim. Upon review of the motion and court records, I find that the motion must be dismissed as 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 § 2255 para. 8. Petitioner previously filed a § 2255 motion, which I denied. Orr v. United States, No. 7:02CV01101 (W.D. Va. May 19, 2004), appeal dismissed, No. 04-6962 (4th Cir. Dec. 6, 2004). As the petitioner offers no indication that he has obtained certification Dockets.Justia.com from the court of appeals to file a second or successive § 2255 motion, I must dismiss his current action without prejudice.1 A separate Final Order will be entered herewith. ENTER: February 1, 2007 /s/ JAMES P. JONES Chief United States District Judge 1 To obtain certification from the Fourth Circuit, the petitioner must submit a copy of the § 2255 motion to the court of appeals, along with a motion requesting certification for the district court to review a successive § 2255 motion. See 28 U.S.C.A § 2244 (West Supp. 2006). Petitioner may write to request a form and instructions for filing this motion at the following address: Office of the Clerk, United States Court of Appeals for the Fourth Circuit, 900 E. Main St., Richmond, VA 23219. -2-
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