Harry Brockwell v. Commonwealth of Virginia

19-7041Court of Appeals for the Fourth CircuitOct 18, 2019

Full text

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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