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Peyton v. Clarke

United States District Court, Fourth Circuit

December 10, 2013

JACOB D. PEYTON IV, Petitioner,
v.
HAROLD CLARKE, DIRECTOR, Respondent.

MEMORANDUM OPINION

GLEN E. CONRAD, Chief District Judge.

Jacob D. Peyton IV, a Virginia inmate proceeding pro se, filed this petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging the May 22, 2008 judgment of the Circuit Court of Augusta County under which he stands convicted of three counts of grand larceny and three counts of breaking and entering, and sentenced to seven years and six months. The court finds that the petition must be summarily dismissed as successive, pursuant to 28 U.S.C. § 2244(b).[1]

Court records indicate that Peyton previously filed a § 2254 petition concerning the same convictions, Civil Action No. 7:12CV00547. Thus, Peyton's current petition is a subsequent one, falling under the prohibition in 28 U.S.C. § 2244(b) against a second or successive petition.

Pursuant to § 2244(b), a federal district court may consider a second or successive § 2254 petition only if petitioner secures specific certification from the United States Court of Appeals for the Fourth Circuit that the claims in the petition meet certain criteria. § 2244(b)(3). Because Peyton does not demonstrate that he has obtained such certification by the Court of Appeals, the court will dismiss the petition without prejudice as successive. An appropriate order will enter this day.

The Clerk is directed to send copies of this memorandum opinion and accompanying order to petitioner.


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