Jones v. Deeds

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7436

BENJAMIN HENDERSON JONES,

Petitioner - Appellant, versus

GEORGE DEEDS,

Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CA-99-705-7)

Submitted: December 16, 1999 Decided: December 22, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Benjamin Henderson Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Benjamin Henderson Jones, a Virginia inmate, appeals from the district court's order dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). The district court dis- missed the petition without prejudice because Jones failed to dem- onstrate that he had exhausted his available state court remedies. Because the instant petition is Jones' second § 2254 petition, see Jones v. Angelone, 94 F.3d 900 (4th Cir. 1996), Jones must seek authorization from this court before filing a second or successive § 2254 petition. See 28 U.S.C.A. § 2244 (West Supp. 1999). We therefore deny a certificate of appealability and dismiss the ap- peal on that ground. We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process.

DISMISSED