Charles Ramsey v. Kimberly Runion

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-7434

CHARLES CLAUDE RAMSEY, Petitioner - Appellant,

v.

KIMBERLY H. RUNION, Director of the Virginia Center for Behavioral Rehabilitation,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Senior District Judge. (2:11-cv-00396-RBS-FBS)

Submitted: March 16, 2023 Decided: March 21, 2023

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

Charles Claude Ramsey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:

Charles Claude Ramsey seeks to appeal the district court’s order denying his self-styled motion to strike, which he filed 10 years after the district court denied relief on his 28 U.S.C. § 2254 petition and closed the case. We construe Ramsey’s underlying motion to strike as a second or successive § 2254 petition or, alternatively, a Fed. R. Civ. P. 60(b) motion for reconsideration of the denial of his initial § 2254 petition. Because Ramsey did not obtain prefiling authorization from this court to file such a motion, the district court lacked jurisdiction. See 28 U.S.C. § 2244(b)(3)(A); United States v. McRae, 793 F.3d 392, 397-400 (4th Cir. 2015). Accordingly, we deny a certificate of appealability as unnecessary, see Harbison v. Bell, 556 U.S. 180, 183 (2009), vacate the district court’s order, and remand with instructions for the district court to dismiss the motion for lack of jurisdiction. We deny Ramsey’s motion to strike filed in this court and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

VACATED AND REMANDED