NORMAN K. MOON
2255 MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge
Meblin Xiomar Figueroa, a federal inmate proceeding pro se, filed an "Application for Writ of Habeas Corpus Seeking to Overturn[] Gun Conviction" which I will construe as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. Upon review of the record, however, I find that the § 2255 motion must be dismissed as successive.
Figueroa challenges his 375-month sentence for various drug and firearm offenses. Court records indicate that Figueroa previously filed two § 2255 motions regarding the same convictions and sentence, both of which I dismissed. See Civil Case No. 7:07cv329; Criminal Case No. 6:05cr24-1, Docket Nos. 69, 70, and 71. I may consider a second or successive § 2255 motion only upon specific certification from the United States Court of Appeals for the Fourth Circuit that the claims in the motion meet certain criteria. See § 2255(h). As Figueroa has not submitted any evidence of having obtained certification from the Court of Appeals to file a second or successive § 2255 motion, I must dismiss his motion as successive.
Petitioner is hereby advised of the procedure for obtaining certification from the United States Court of Appeals for the Fourth Circuit to have this court review a successive § 2255 motion. Petitioner must submit a copy of the successive § 2255 motion to the Court of Appeals, along with a motion requesting a three-judge panel certification that the district court may review the successive § 2255 motion. See 28 U.S.C. § 2244. A Fourth Circuit form and instructions for filing this motion are available from the Fourth Circuit at the following address: Office of the Clerk, United States Court of Appeals for the Fourth Circuit, 900 E. Main St., Richmond, VA 23219.
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NORMAN K. MOON
UNITED STATES DISTRICT JUDGE