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JONES v. BRAXTON

No. 03-6891.

392 F.3d 683 (2004)

Benjamin Henderson JONES, Petitioner-Appellant, v. Daniel A. BRAXTON, Warden; Ronald J. Angelone, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 28, 2004.

Attorney(s) appearing for the Case

ARGUED: Justin Sanjeeve Antonipillai, Arnold & Porter, L.L.P., Washington, D.C., for Appellant. Steven Andrew Witmer, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Joseph A. Micallef, Holly Logue Prutz, Arnold & Porter, L.L.P., Washington, D.C., for Appellant. Jerry W. Kilgore, Attorney General of Virginia, Richmond, Virginia, for Appellees.

Before LUTTIG and SHEDD, Circuit Judges, and HUDSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Dismissed by published opinion. Judge LUTTIG wrote the opinion, in which Judge SHEDD and Judge HUDSON joined.

OPINION

LUTTIG, Circuit Judge:

Petitioner-appellant Benjamin Henderson Jones filed a notice of appeal from the district court's dismissal of his section 2254 petition as an unauthorized successive petition. Because we conclude that a certificate of appealability is required in order to appeal from the dismissal of a petition as unauthorized...

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