Harry BROCKWELL, Petitioner - Appellant, v. Commonwealth of VIRGINIA, Respondent - Appellee.
Decided: October 18, 2019
Before GREGORY, Chief Judge, and THACKER and RUSHING, Circuit Judges.
Harry Brockwell, Appellant Pro Se.
Harry Brockwell appeals the district court's order construing his “Motion for a Void Judgment AB Initio” as a 28 U.S.C. § 2254 (2012) petition and dismissing it as successive and unauthorized. 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. Brockwell v. Virginia, No. 1:19-cv-00740-TSE-JFA (E.D. Va. June 26, 2019). We deny as unnecessary a certificate of appealability. See Harbison v. Bell, 556 U.S. 180, 183, 129 S.Ct. 1481, 173 L.Ed.2d 347 (2009); United States v. McRae, 793 F.3d 392, 400 (4th Cir. 2015). 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Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Was this helpful?
Response sent, thank you
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.