Maynard v. Wilson, No. 1:2013cv01146 - Document 3 (E.D. Va. 2013)

Court Description: MEMORANDUM OPINION AND ORDER.ORDERED that this petition be and is DISMISSED WITH PREJUDICE for lack of jurisdiction. To appeal, petitioner must file a written notice of appeal with the Clerk's Office within 60 days of the date of this Order. Petitioner must also request a certificate of appealability from a circuit justice or judge. This court expressly declines to issue such a certificate. Signed by District Judge James C. Cacheris on 11/26/2013. (rban, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA 11 if\l Alexandria Division M , . Lawrence Maynard, Petitioner, IN NOV 262013 0 ) ) v. ) ) Warden Eric Wilson, 'J CLERK, L'.-S. C37rr~TC0flRT alexm,mdr:a, virigiM,^"1 ) ) Respondent. l:13cvl!46(JCC/JFA) ) MEMORANDUM OPINION AND ORDER Lawrence Maynard, a federal inmate housed in the Eastern District of Virginia and proceeding p_rg se, has filed a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, challenging the lawfulness of his sentence. Petitioner has paid the statutory filing fee for this action. For the reasons that follow, the petition must be dismissed for lack of jurisdiction. I. Petitioner is presently serving a sentence of 151 months incarceration that was imposed on April 24, 2008, following his conviction of conspiracy to distribute and to possess with intent to distribute five or more kilograms of cocaine and 50 or more kilograms of cocaine base in the United States District Court for the District of Columbia, case number 1:05-cr-00386-ESH-10. Petitioner took a direct appeal to the Court of Appeals for the District of Columbia Circuit, which affirmed his conviction and sentence in a lengthy opinion. The United States Supreme Court subsequently denied his application for a writ of certiorari. See United Stales v. Mavnard, 615 F.3d 544 (D.C. Cir.), ecrt. denied. _ U.S. _, 131 S.Ct. 671 (2010). Petitioner states, and the Court's PACER system confirms, that he has not moved to vacate the conviction or sentence pursuant to 28 U.S.C. § 2255.

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