Shupe v. Commonwealth of Virginia, No. 7:2014cv00237 - Document 7 (W.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by Judge Norman K. Moon on 06/05/2014. (kab)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION ROY JOHNSON SHUPE, Petitioner, v. COMMONWEALTH OF VIRGINIA, Respondent. ) ) ) ) ) ) ) Civil Action No. 7:14cv00237 MEMORANDUM OPINION By: Norman K. Moon United States District Judge Petitioner Roy Johnson Shupe, a Virginia inmate proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 2006 convictions and sentence in the Smyth County Circuit Court. Court records indicate that Shupe previously filed a § 2254 motion regarding the same convictions and sentence, which I denied as untimely filed. See Civil Case No. 7:12cv00024. 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 Shupe 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. ENTER: This 5th day of June, 2014.
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