Harmon v. Angelone

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6485
HOWARD BRYAN HARMON, JR.,
Petitioner - Appellant,
versus
RON ANGELONE,
Respondent - Appellee.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-00-198-7)
Submitted: August 24, 2000 Decided: August 30, 2000
Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Howard Bryan Harmon, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Howard Bryan Harmon, Jr., appeals the district court’s order
denying his petition filed under 28 U.S.C.A. § 2254 (West 1994 &
Supp. 2000). Although Harmon’s § 2254 petition was a successive
petition, the district court denied it as untimely filed. Because
Harmon did not obtain authorization from this court to file the mo-
tion in the district court, see 28 U.S.C.A. § 2244(b)(2), (b)(3)(A)
(West Supp. 2000), the district court did not have jurisdiction to
consider it. See Romandine v. United States, 206 F.3d 731, 734
(7th Cir. 2000); United States v. Key, 205 F.3d 773, 774 (5th Cir.
2000); Hernandez v. Campbell, 204 F.3d 861, 866 (9th Cir. 2000);
United States v. Barrett, 178 F.3d 34, 41 (1st Cir. 1999), cert.
denied, 120 S. Ct. 1208 (2000); Lopez v. Douglas, 141 F.3d 974,
975-76 (10th Cir.), cert. denied, 525 U.S. 1024 (1998); Williams v.
Hopkins, 130 F.3d 333, 336 (8th Cir. 1997); Hill v. Hopper, 112
F.3d 1088, 1089 (11th Cir. 1997). We therefore deny a certificate
of appealability and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
2