Black v. United States

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:23-cv-436-RJC (3:06-cr-364-RJC-1)

MARTINEZ ORLANDIS BLACK, ) ) Petitioner, ) ) vs. ) ORDER ) UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________)

THIS MATTER is before the Court on Petitioner’s Request for a Certificate of Appealability [Doc. 4].1 Petitioner filed a § 2255 Motion to Vacate in the instant case that was dismissed as an unauthorized successive petition on July 24, 2023. [Doc. 2]. The Court declined to issue a certificate of appealability. [Id. at 4-5]. In the instant Request, filed on August 29, 2023,2 the Petitioner asks the Court to issue a Certificate of Appealability pursuant to 28 U.S.C. § 2553(c)(1). He describes the issues he seeks to appeal as follows: Violation of the Second Amendment of the U.S. Constitution; I’m requesting that the courts hold the ‘Certificate’ in abeyance until the Supreme Court of the U.S. rules on the case of: Zackey Rattimi, 143 S.Ct. 2688, 2023 WL 4278450 (June 20, 2023); if not & if so I present the courts with other relevant caselaw to back my claim … [which] reveal that 922g is ‘unconstitutional.’

[Doc. 4 at 1].

1 The Court notes that the heading of the Request states “United States District Court for the Fourth Circuit.” [Doc. 4 at 1]. To the extent that the Petitioner is attempting to seek relief from the Fourth Circuit Court of Appeals, he must file such claim for relief in that Court.

2 Houston v. Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule). Petitioner’s request that this Court issue a certificate of appealability is moot because the Court already considered the matter and declined to issue a certificate of appealability in the Order dismissing the § 2255 petition. [Doc. 2 at 4-5]. To the extent that Petitioner seeks reconsideration of the Order dismissing his § 2255 petition, that request is denied because Petitioner has set forth no basis for such relief. IT IS, THEREFORE, ORDERED that Petitioner’s Request for a Certificate of Appealability [Doc. 4] is DENIED.

Signed: September 12, 2023

Robert J. Conrad, Jr. eed, United States District Judge “ee