United States District Court, W.D. Virginia, Danville Division
April 13, 2015
UNITED STATES OF AMERICA
CHARLES LEE TORIAN, Petitioner.
2255 MEMORANDUM OPINION
NORMAN K. MOON, District Judge.
Charles Lee Torian, a federal inmate proceeding pro se, filed a "motion pursuant to Federal Rule of Criminal Procedure 36 for correction of a clerical error" which I construe as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Upon review of the record, however, I conclude that the § 2255 motion must be dismissed as an unauthorized, successive motion.
Torian challenges his convictions for various drug offenses and sentence of 300 months which I imposed by judgment entered April 29, 2002. Court records indicate that Torian previously filed a § 2255 motion regarding the same convictions and sentence, which I dismissed. See Civil Action No. 7:03cv00179. I may consider a second or successive § 2255 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 § 2255(h). As Torian has not submitted any evidence of having obtained certification from the Court of Appeals to file a second or successive § 2255 motion, I must dismiss his motion without prejudice as successive.