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Boone v. Clarke

United States District Court, Fourth Circuit

January 27, 2014

EDWARD LEE BOONE, Petitioner,
v.
HAROLD W. CLARKE, Respondent.

MEMORANDUM OPINION

ROBERT E. PAYNE, Senior District Judge.

By Memorandum Opinion and Order entered February 25, 1998, the Court denied a 28 U.S.C. § 2254 Petition filed by Edward Lee Boone, challenging his 1988 conviction in the Circuit Court of the County of Greenville, Virginia ("Circuit Court") for one count of statutory burglary. Boone v. Angelone, No. 3:97cv530 (E.D. Va. Feb. 25, 1998). On August 2, 2013, the Court received a successive, unauthorized 28 U.S.C. § 2254 from Boone challenging his 1988 conviction in the Circuit Court.

The Antiterrorism and Effective Death Penalty Act of 1996 restricted the jurisdiction of the district courts to hear second or successive applications for federal habeas corpus relief by prisoners attacking the validity of their convictions and sentences by establishing a "gatekeeping' mechanism." Felker v. Turpin , 518 U.S. 651, 657 (1996). Specifically, "[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." 28 U.S.C. § 2244(b)(3)(A). Because Boone has not obtained authorization from the United States Court of Appeals for the Fourth Circuit to file a successive § 2254 petition, this Court lacks jurisdiction to entertain the present § 2254 petition. Accordingly, the action will be dismissed for lack of jurisdiction.[1] A certificate of appealability will be denied.

An appropriate Order shall issue.


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