Harry Brockwell v. Commonwealth of Virginia ( 2019 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 19-7041
    HARRY BROCKWELL,
    Petitioner - Appellant,
    v.
    COMMONWEALTH OF VIRGINIA,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern District of Virginia, at
    Alexandria. T.S. Ellis, III, Senior District Judge. (1:19-cv-00740-TSE-JFA)
    Submitted: October 15, 2019                                   Decided: October 18, 2019
    Before GREGORY, Chief Judge, and THACKER and RUSHING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Harry Brockwell, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    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
    (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
    2
    

Document Info

Docket Number: 19-7041

Filed Date: 10/18/2019

Precedential Status: Non-Precedential

Modified Date: 10/18/2019