Robert L. Grooms, Jr v. GENE JOHNSON, Director, Virginia Director of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6805
ROBERT L. GROOMS, JR.,
Plaintiff - Appellant,
versus
GENE JOHNSON, Director, Virginia Director of
Corrections; DORIS L. EWING, Court and Legal
Office Manager,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:07-cv-00228-jlk)
Submitted: August 30, 2007 Decided: September 10, 2007
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert L. Grooms, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Robert L. Grooms, Jr., seeks to appeal the district
court’s order denying without prejudice relief on his complaint
styled as an action arising under 42 U.S.C. § 1983 (2000). Because
the complaint raised habeas claims, we find the district court
properly construed the claims as more appropriately presented in a
28 U.S.C. § 2254 (2000) petition. Further, because Grooms has
filed previous § 2254 petitions raising the same or similar claims,
and this court has denied his application to file a successive §
2254 petition under 28 U.S.C. § 2244 (2000), the action was
properly dismissed as successive. Accordingly, we 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

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