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Winston v. United States Attorney General

United States District Court, E.D. Virginia, Richmond Division

April 10, 2014

MONTE DECARLOS WINSTON, Petitioner,
v.
UNITED STATES ATTORNEY GENERAL, Respondent.

MEMORANDUM OPINION

ROBERT E. PAYNE, Senior District Judge.

By Memorandum Opinion and Final Order entered August 1, 2013, the Court dismissed Monte DeCarlos Winston's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241[1] for abuse of the writ. Winston v. U.S. Att'y. Gen., No. 3:12CV172, 2013 WL 3967292, at *4 (E.D. Va. Aug. 1, 2013). Winston has abused the writ by filing at least three 28 U.S.C. § 2241 Petition's challenging the execution or calculation of his federal and

state sentences. See id. Because of Winston's history of abusive filings, the Court placed certain prefiling restrictions on any new action challenging the calculation or execution of his sentence. Id . Specifically, the Court directed:

7. From this point forward, before the Court will review any new action challenging the calculation or execution of his sentence, Winston must do the following:
a. Provide a brief summary of why the ends of justice warrant consideration of his submission and attach the summary to the front of any filing; and,
b. Certify that the claims he wishes to present are new claims never before raised and disposed of on the merits by any federal court and set forth why each claim could not have been raised in one of his previous actions.
Winston's failure to comply with the above directives will result in summary dismissal of the new action. (Id.)

Winston has filed a new 28 U.S.C. § 2241 petition and paid the filing fee. Winston's instant § 2241 petition is yet another attempt to challenge the BOP's execution of his sentence. Winston has failed to comply with the certification requirements outlined in the Court's August 1, 2013 Memorandum Opinion and Order. Specifically, Winston fails to certify the claims he wishes to present are new claims.[2] Accordingly, Winston's § 2241 petition will be denied. The action will be dismissed without prejudice.

The Clerk is directed to send a copy of the Memorandum Opinion to Winston.


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