United States District Court, W.D. Virginia, Roanoke Division
William Lee Anderson II, Pro Se Petitioner.
JAMES P. JONES, District Judge.
The petitioner, proceeding pro se, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, challenging his 2009 convictions for bank robbery and obstruction of justice in the Circuit Court of Washington County, Virginia. I find the petition to be successive and dismiss it pursuant to 28 U.S.C. § 2244(b).
This court may consider a second or successive § 2254 petition motion only upon specific certification from the United States Court of Appeals for the Fourth Circuit that the claims in the motion meet certain criteria. See 28 U.S.C. § 2244(b). The petitioner previously filed a § 2254 petition concerning this same conviction and sentence. See Anderson v. Dir. of Dep't of Corr., No. 7:12-cv-00323 (W.D. Va. Aug. 8, 2012) (dismissing § 2254 petition as untimely filed), appeal dismissed, 502 F.Appx. 261 (4th Cir. 2012) (unpublished). The petitioner offers no ground on which his current petition does not qualify as a second or successive § 2254 petition. Moreover, he presents no evidence that he has obtained certification from the court of appeals to file a second or successive § 2254 petition. Therefore, I must dismiss his current action without prejudice.
A separate Final Order will be entered herewith. The clerk will send a copy of that Final Order and ...