United States District Court, W.D. Virginia, Lynchburg Division
May 14, 2015
UNITED STATES OF AMERICA,
WAKEEL ABDUL-SABUR, Defendant.
NORMAN K. MOON, District Judge.
Wakeel Abdul-Sabur, a federal inmate proceeding pro se, filed this motion to vacate, set aside or correct the sentence, pursuant to 28 U.S.C. § 2255. Upon review of the motion and court records, I conclude that the § 2255 motion must be dismissed as successive.
This court 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). Court records indicate that Abdul-Sabur previously filed a § 2255 motion concerning this same conviction and sentence. See Abdul-Sabur v. United States, Case No. 7:05CV00189 (W.D. Va. Apr. 7, 2005) (dismissing § 2255 motion as untimely). As Abdul-Sabur offers no indication that he has obtained certification from the court of appeals to file a second or successive § 2255 motion, I must dismiss his current action without prejudice.
The Clerk is directed to send copies of this memorandum opinion and the accompanying order to Abdul-Sabur.