CUSTIS v. CLARKE (2019)

United States Court of Appeals, Fourth Circuit.

Ryricka Nikita CUSTIS, Petitioner-Appellant, v. Harold W. CLARKE, Director of the Virginia Department of Corrections, Respondent-Appellee.

No. 18-7211

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

PER CURIAM:

Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law