WILLIAMS v. U.S., 5:14-CV-00360-F (2014)
Court: District Court, E.D. North Carolina
Number: infdco20140624b08
Visitors: 16
Filed: Jun. 23, 2014
Latest Update: Jun. 23, 2014
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on Mark A. Williams' pending Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-611]. A review of the record reveals that Williams previously filed a 2255 motion that was dismissed on April 8, 2004. Pursuant to 28 U.S.C. 2244(b)(3)(A), "[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court
Summary: ORDER JAMES C. FOX, Senior District Judge. This matter is before the court on Mark A. Williams' pending Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-611]. A review of the record reveals that Williams previously filed a 2255 motion that was dismissed on April 8, 2004. Pursuant to 28 U.S.C. 2244(b)(3)(A), "[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court ..
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ORDER
JAMES C. FOX, Senior District Judge.
This matter is before the court on Mark A. Williams' pending Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-611].
A review of the record reveals that Williams previously filed a§ 2255 motion that was dismissed on April 8, 2004. Pursuant to 28 U.S.C. § 2244(b)(3)(A), "[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." In this case, Williams must first obtain an order from the Fourth Circuit Court of Appeals before this court will consider any successive petition under 28 U.S.C. § 2255.
In light of the foregoing, Williams' pending Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-611] is DISMISSED without prejudice to him to seek pre-filing authorization from the Fourth Circuit Court of Appeals. The court concludes that Williams has not made the requisite showing to support a certificate of appealability. Therefore, a certificate of appealability is DENIED.
SO ORDERED.
Source: Leagle
