United States District Court, W.D. Virginia, Roanoke Division
September 12, 2014
WILLIAM LEE ANDERSON II, Petitioner,
DIRECTOR OF VDOC, Respondent.
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 Aug. 8, 2012) (dismissing § 2254 petition as untimely filed), appeal dismissed, 502 F.Appx. 261 (4th Cir. 2012) (unpublished).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 this Opinion to the petitioner.