Williams v. Clarke
Opinion of the Court
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Vincent Eugene Williams seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2254 (2006) peti
Regarding the order denying Williams’ initial § 2254 petition, we have independently reviewed the record and conclude that Williams has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.
Williams also seeks to appeal the district court’s order treating his Fed.R.Civ.P. 60(b) motion as a successive 28 U.S.C. § 2254 (2006) petition, and dismissing it on that basis. This order is also not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). We have independently reviewed the record and conclude that Williams has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. Additionally, we construe Williams’ notice of appeal and informal brief as an application to file a second or successive § 2254 petition. United States v. Winestock, 340 F.3d 200, 208 (4th Cir. 2003). In order to obtain authorization to file a successive § 2254 petition, a prisoner must assert claims based on either: (1) a new rule of constitutional law, previously unavailable, made retroactive by the Supreme Court to cases on collateral review; or (2) newly discovered evidence, not previously discoverable by due diligence, that would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the petitioner guilty of the offense. 28 U.S.C. § 2244(b)(2) (2006). Williams’ claims do not satisfy either of these criteria. Therefore, we deny authorization to file a successive § 2254 petition.
We dispense with oral argument and deny Williams’ motion to sanction state attorney general’s office because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED.
Reference
- Full Case Name
- Vincent Eugene WILLIAMS v. Harold CLARKE, Director, Virginia Department of Corrections, Respondent-Appellee Vincent Eugene Williams v. Harold Clarke, Director, Virginia Department of Corrections
- Status
- Published