Johnnie Justice v. Harold Clarke

Court of Appeals for the Fourth Circuit·Decided July 19, 2019·No. 19-6632·Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-6632

JOHNNIE LEE JUSTICE,

Petitioner - Appellant,

v.

HAROLD W. CLARKE, Director, etc.,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:19-cv-00247-LMB-TCB)

Submitted: July 16, 2019 Decided: July 19, 2019

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Johnnie Lee Justice, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Johnnie Lee Justice appeals the district court’s order determining that his 28

U.S.C. § 2254 (2012) petition was an unauthorized, successive petition and dismissing

the petition without prejudice for lack of jurisdiction. We have reviewed the record and

find no reversible error. Accordingly, we grant leave to proceed in forma pauperis and

affirm for the reasons stated by the district court. Justice v. Clarke, No. 1:19-cv-00247-

LMB-TCB (E.D. Va. Apr. 2, 2019). We deny as unnecessary a certificate of

appealability. See Harbison v. Bell, 556 U.S. 180, 183 (2009). We 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.

AFFIRMED

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Related

Harbison v. Bell
556 U.S. 180 (Supreme Court, 2009)