Filed: Dec. 14, 2018
Latest Update: Dec. 14, 2018
Summary: MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Corey McKinzie Howard, a federal inmate proceeding pro se , filed a pleading titled "Petitioner's motion to compel the Government to produce discovery and production of documents," ECF No. 115. By order entered November 27, 2018, the court construed this pleading as a motion to vacate, set aside or correct the sentence, pursuant to 28 U.S.C. 2255. Upon consideration of the 2255 motion and the record, the court concludes that
Summary: MEMORANDUM OPINION GLEN E. CONRAD , Senior District Judge . Corey McKinzie Howard, a federal inmate proceeding pro se , filed a pleading titled "Petitioner's motion to compel the Government to produce discovery and production of documents," ECF No. 115. By order entered November 27, 2018, the court construed this pleading as a motion to vacate, set aside or correct the sentence, pursuant to 28 U.S.C. 2255. Upon consideration of the 2255 motion and the record, the court concludes that t..
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MEMORANDUM OPINION
GLEN E. CONRAD, Senior District Judge.
Corey McKinzie Howard, a federal inmate proceeding pro se, filed a pleading titled "Petitioner's motion to compel the Government to produce discovery and production of documents," ECF No. 115. By order entered November 27, 2018, the court construed this pleading as a motion to vacate, set aside or correct the sentence, pursuant to 28 U.S.C. § 2255. Upon consideration of the § 2255 motion and the record, the court concludes that the action must be summarily dismissed as successive.1
Howard was convicted pursuant to a written plea agreement and sentenced on July 6, 2009, to 196 months in prison.2 He did not appeal his conviction or sentence. In 2012, Howard filed a § 2255 motion that was dismissed as untimely filed. United States v. Howard, No. 7:08CR00023, 2012 WL 5986963, at *1 (W.D. Va. Nov. 29, 2012). Howard did not appeal. Howard signed and dated the § 2255 motion now before the court on November 22, 2018.
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). As stated, Howard pursued a previous § 2255 motion. Howard offers no indication that he has obtained certification from the court of appeals to file a second or successive § 2255 motion. Based on this record, the court must summarily dismiss this § 2255 motion without prejudice as successive. A separate order will be entered this day.
The Clerk is directed to send copies of this memorandum opinion and accompanying order to the defendant.