Hunt v. Anderson
Hunt v. Anderson
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division FLOYD O. HUNT, JR., ) Petitioner, Vv. Civil Action No. 3:24-cv-202-HEH D. ANDERSON, Respondent. MEMORANDUM OPINION (Dismissing Successive § 2254 Petition) Petitioner Floyd O. Hunt, Jr. (“Petitioner”), a Virginia inmate proceeding pro se, submitted a petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2254(ECF No. 1), challenging his convictions in the Circuit Court for Pittsylvania County. The United States District Court for the Western District of Virginia previously denied a
28 U.S.C. § 2254petition filed by Petitioner challenging these convictions. Hunt v. White, No. 7:21-cv-534,
2022 WL 4534442, at *1-3 (W.D. Va. Sept. 28, 2012), appeal dismissed, No. 22-7342,
2023 WL 3597573(4th Cir. May 23, 2023). The Antiterrorism and Effective Death Penalty Act of 1996 restricted the jurisdiction of district courts to hear second or successive applications for federal habeas
corpus relief by prisoners attacking the validity of their convictions and sentences by establishing a “gatekeeping mechanism.” Felker v. Turpin,
518 U.S. 651, 657(1996) (internal quotation marks omitted). Specifically, “[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move
in the appropriate court of appeals for an order authorizing the district court to consider
the application.”
28 U.S.C. § 2244(b)(3)(A). The Court has not received authorization from the Fourth Circuit to consider the
present § 2254 petition. Therefore, the action will be dismissed without prejudice for
want of jurisdiction. An appropriate Final Order will accompany this Memorandum Opinion.
kz AR Henry E. Hudson Senior United States District Judge Date: Aprei (8, 2624 Richmond, Virginia
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