November 22, 2013
UNITED STATES OF AMERICA
ELIGIA JUNIOR MARTIN, Petitioner.
Jackson L. Kiser Senior United States District Judge
Eligia Junior Martin, a federal inmate proceeding pro se, filed an "Amendment to Motion For Resentence, " which I construe as a motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255. Court records indicate that Petitioner filed a prior § 2255 motion about the same conviction and/or sentence (ECF no. 142) that I dismissed (ECF no. 147). Thus, Petitioner's current § 2255 motion is a second or subsequent one under 28 U.S.C. § 2255(h).
I may consider a second or successive § 2255 motion from Petitioner only upon specific certification from the Fourth Circuit Court of Appeals that the claims in the motion meet certain criteria. See 28 U.S.C. § 2255(h). As Petitioner has not submitted any evidence of having obtained certification from the Fourth Circuit Court of Appeals to file a second or successive § 2255 motion, I dismiss the motion without prejudice as successive. Based upon my finding that Petitioner has not made the requisite substantial showing of denial of a constitutional right as required by 28 U.S.C. § 2253(c), a certificate of appealability is denied.