DUGGINS v. U.S., 5:09-CR-00210-F-1 (2015)
Court: District Court, E.D. North Carolina
Number: infdco20151006912
Visitors: 13
Filed: Sep. 30, 2015
Latest Update: Sep. 30, 2015
Summary: ORDER JAMES C. FOX , District Judge . This matter is before the court on Corey Nicolas Duggins's pending Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-127, 132]. A review of the record reveals that Duggins previously filed a 2255 motion that was resolved on the merits. [DE-97]. Pursuant to 28 U.S.C. 2244(b)(3)(A), "[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appr
Summary: ORDER JAMES C. FOX , District Judge . This matter is before the court on Corey Nicolas Duggins's pending Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-127, 132]. A review of the record reveals that Duggins previously filed a 2255 motion that was resolved on the merits. [DE-97]. Pursuant to 28 U.S.C. 2244(b)(3)(A), "[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appro..
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ORDER
JAMES C. FOX, District Judge.
This matter is before the court on Corey Nicolas Duggins's pending Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-127, 132].
A review of the record reveals that Duggins previously filed a§ 2255 motion that was resolved on the merits. [DE-97]. Pursuant to 28 U.S.C. § 2244(b)(3)(A), "[b]efore a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application." In this case, Duggins must first obtain an order from the Fourth Circuit Court of Appeals before this court will consider any successive petition under 28 U.S.C. § 2255.
In light of the foregoing, Duggins's pending Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-127, DE-132] is DISMISSED without prejudice to him to seek pre-filing authorization from the Fourth Circuit Court of Appeals. The court concludes that Duggins has not made the requisite showing to support a certificate of appealability. Therefore, a certificate of appealability is DENIED.
SO ORDERED.
Source: Leagle
