IN RE LAWRENCE, 08-3061 (D.C. Cir. 12-18-2008)
In re: Marcus B. Lawrence, Petitioner.
No. 08-3061.United States Court of Appeals, District of Columbia Circuit.
Filed On: December 18, 2008.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] BEFORE: Sentelle, Chief Judge, and Henderson and Brown, Circuit Judges
Per Curiam
ORDER
Upon consideration of the petition for writ of habeas corpus, which is construed as a motion for leave to file a second or successive motion pursuant to 28 U.S.C. § 2255; the order to show cause filed September 16, 2008, and the response thereto, it is
ORDERED that the order to show cause be discharged. It is FURTHER ORDERED that the motion for leave to file a successive § 2255 motion be denied. Petitioner has set forth no grounds for this court to authorize a second or successive application under § 2255. In particular, he has not shown that the motion is based either on newly discovered evidence, or a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable. See 28 U.S.C. § 2255
¶ 8; United States v. Ortiz, 136 F.3d 161, 163-64
(D.C. Cir. 1998).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published.Page 1