United States v. McConnell
Opinion of the Court
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Joseph Troy McConnell seeks to appeal the district court’s order treating his motion to reopen the criminal judgment against him as a successive 28 U.S.C.A. § 2255 (West Supp. 2013) motion, and dismissing it because McConnell failed to obtain prefiling authorization from this court. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of appealability will
We have independently reviewed the record and conclude that McConnell has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal.
Additionally, McConnell seeks authorization to file a successive § 2255 motion in his informal brief. In order to obtain authorization to file a successive § 2255 motion, however, a prisoner must assert claims based on either:
(1) newly discovered evidence that ... would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or
(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.
28 U.S.C.A. § 2255(h) (West Supp. 2013). McConnell’s claims do not satisfy either of these criteria. Therefore, we deny authorization to file a successive § 2255 motion.
We dispense with oral argument 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
- United States v. Joseph Troy McCONNELL
- Status
- Published