Joyner v. Clarke
| Terrell Joyner |
| Harold W. Clarke |
| 2:2020cv00034 |
| January 13, 2020 |
| US District Court for the Eastern District of Virginia |
| Mark S Davis |
| Robert J Krask |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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Filing 3
ORDER. It is ORDERED that Petitioner's filings #1 Petition for Writ of Habeas and #2 Petition for Writ of Habeas Corpus are DISMISSED WITHOUT PREJUDICE. The Court finds that even if it had jurisdiction to rule on the pending motions, they would be DENIED. Petitioner is ADVISED that because an order dismissing a Rule 60 motion, or similar successive filing, for lack of jurisdiction does not constitute a "final" habeas order, Petitioner need not obtain a certificate of appealablity before appealing this Court's dismissal of Petitioner's successive motions. For internal administrative purposes, Petitioner's successive 2254 filings constitute a new civil habeas action. The Clerk is therefore INSTRUCTED to assign a new civil action number to this successive habeas case and to file Petitioner's motions in such case as successive 2254 petitions. After filing of the instant Order in the newly assigned civil action, the Clerk is requested to close such action. Signed by Chief District Judge Mark S. Davis on 1/13/2020. Copies mailed 1/14/2020.(jmey, )
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| Filing 2 PETITION for Writ of Habeas Corpus (Filing fee $ 0.00.), filed by Terrell Joyner.(jmey, ) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 0.00.), filed by Terrell Joyner.(jmey, ) |
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| Petitioner: Terrell Joyner | |
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| Respondent: Harold W. Clarke | |
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