Fontanes v. Commonwealth of Virginia

Full title: RONALD FONTANES, Petitioner, v. COMMONWEALTH OF VIRGINIA, Respondent

Court: United States District Court, W.D. Virginia, Roanoke Division

Date published: Aug 26, 2009

Civil Action No. 7:09-cv-00355 (W.D. Va. Aug. 26, 2009)

Opinion

Civil Action No. 7:09-cv-00355.

August 26, 2009

MEMORANDUM OPINION

JAMES TURK, District Judge

Ronald Fontanes, a Virginia inmate proceeding pro se, filed a petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254. However, court records indicate that the petitioner previously filed a § 2254 petition concerning the same conviction, Fontanes v. True, Civil Action No. 1:04-cv-00043 (E.D. Va. Oct. 26, 2004) (appeal dismissed 129 Fed. App'x. 41 (4th Cir. 2005)). Thus, the petitioner's current petition is a subsequent one, falling under the prohibition in 28 U.S.C. § 2244(b) against a second or successive petition. Pursuant to this section, a federal district court may consider a second or successive § 2254 petition only upon specific certification from the United States Court of Appeals for the Fourth Circuit that the claims in the petition meet certain criteria. § 2244(b). Because the petitioner has not submitted any evidence that he has obtained such certification by the Court of Appeals, the court will dismiss the petition without prejudice as successive.

The Clerk is directed to send copies of this memorandum opinion and the accompanying order to the petitioner.