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Parson v. Warden of Western Correctional Institution

United States District Court, Fourth Circuit

January 7, 2014

FRED D. PARSON, JR., #116201 Petitioner,
v.
WARDEN OF WESTERN CORRECTIONAL INSTITUTION Respondent.

MEMORANDUM OPINION

RICHARD D. BENNETT, District Judge.

Respondent, the Warden of the Roxbury Correctional Institution, by his counsel, requests dismissal of self-represented Petitioner Fred D. Parson, Jr.'s[1] Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 for lack of jurisdiction and as untimely filed. A hearing is unnecessary, See Local Rule 105.6. (D. Md. 2011), and the Petition SHALL BE DISMISSED without prejudice for lack of jurisdiction.

On November 18, 2013, Petitioner filed the instant Petition challenging his 1969 conviction and sentence, in the Circuit Court for Baltimore City, Maryland, for first-degree murder. Petitioner has filed in this Court at least three prior habeas petitions challenging this conviction, two of which were denied on the merits.[2] (ECF No. 3, Exhibits 2 and 3).

Under these facts, the instant petition is successive. As such, it may not be considered by this Court unless Petitioner has first obtained pre-filing authorization from the United States Court of Appeals for the Fourth Circuit as provided under 28 U.S.C. § 2244(b). Petitioner provides no evidence he has obtained prior approval to file this successive petition, and this case will be dismissed without prejudice for lack of jurisdiction.[3] Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, this Court declines to issue a Certificate of Appealability because Petitioner has not made a substantial showing of a denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). A separate Order follows.


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