Massey v. State of Maryland

U.S. Court of Appeals for the Fourth Circuit

Massey v. State of Maryland

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-8087

TERRANCE MASSEY,

Petitioner - Appellant,

versus

STATE OF MARYLAND; RICHARD B. ROSENBLATT, Director of Patuxent Institution,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-01- 3086-MJG)

Submitted: February 14, 2002 Decided: February 27, 2002

Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Terrance Massey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Terrance Massey seeks to appeal the district court’s order and

order on reconsideration denying relief on his second petition

filed under

28 U.S.C.A. § 2254

(West 1994 & Supp. 2001). Massey

never received authorization to file a second § 2254 petition, and

consequently, the district court lacked authority to act on

Massey’s second petition. See

28 U.S.C.A. § 2244

(b) (West 1994 &

Supp. 2001). Accordingly, we deny a certificate of appealability

and dismiss the appeal. See Massey v. Maryland, No. CA-01-3086-MJG

(D. Md. filed Nov. 7, 2001, entered Nov. 8, 2001; filed Nov. 30,

2001, entered Dec. 3, 2001). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid in the

decisional process.

DISMISSED

2

Reference

Status
Unpublished