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United States v. Martin

United States District Court, Fourth Circuit

November 22, 2013

UNITED STATES OF AMERICA
v.
ELIGIA JUNIOR MARTIN, Petitioner.

MEMORANDUM OPINION

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.


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