Ryricka Nikita CUSTIS, Petitioner-Appellant, v. Harold W. CLARKE, Director of the Virginia Department of Corrections, Respondent-Appellee.
Decided: February 06, 2019
Before FLOYD, THACKER, and QUATTLEBAUM, Circuit Judges.
Ryricka Nikita Custis, Appellant Pro Se.
Ryricka Nikita Custis appeals the district court's order accepting the recommendation of the magistrate judge in part and dismissing his 28 U.S.C. § 2254 (2012) petition as successive. We have reviewed the record and find no reversible error. The court's dismissal, however, should have been without prejudice since Custis did not obtain prefiling authorization from this Court to file his successive petition. Accordingly, we affirm for the reasons stated by the district court, Custis v. Clarke, No. 2:17-cv-00476-MSD-RJK (E.D. Va. Sept. 17, 2018), but modify the order to reflect dismissal without prejudice for lack of subject matter jurisdiction. We deny Custis’ motion to appoint counsel, deny a certificate of appealability as unnecessary 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.
AFFIRMED AS MODIFIED
Affirmed as modified by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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