Bland v. Davis, No. 7:2012cv00626 - Document 3 (W.D. Va. 2012)

Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 12/27/2012. (tvt)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION RAYMOND BLAND, Petitioner, v. KEITH W. DAVIS, Respondent. ) ) ) ) ) ) ) Civil Action No. 7:12cv00626 MEMORANDUM OPINION By: Norman K. Moon United States District Judge Petitioner Raymond Bland, a Virginia inmate proceeding pro se, brings this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2009 convictions and sentence in the Martinsville Circuit Court on five counts of distributing cocaine. Court records indicate that Bland previously filed a § 2254 motion regarding the same convictions and sentence, which I denied as untimely filed. See Civil Case No. 7:11cv00380. Under the provisions of the federal habeas statutes regarding subsequent or successive § 2254 petitions, I may consider a second or successive § 2254 petition only upon specific certification from the United States Court of Appeals for the Fourth Circuit that the claims in the petition meet certain criteria. See 28 U.S.C. § 2244(b). Because Bland has not submitted any evidence that he has obtained such certification by the Court of Appeals, I will dismiss his petition without prejudice as successive. The Clerk is directed to send a copy of this memorandum opinion and the accompanying order to petitioner. ENTER: This 27th day of December, 2012.