Elawyers Elawyers
Washington| Change

Patterson v. U.S., 1:09CR54-1. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190508d98 Visitors: 3
Filed: May 07, 2019
Latest Update: May 07, 2019
Summary: ORDER THOMAS D. SCHROEDER , District Judge . The Order and Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. 636(b) and, on April 4, 2019, was served on the parties in this action. Petitioner objected to the Recommendation. (Doc. 88.) The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination, which is in accord with the Magistrate Judge's r
More

ORDER

The Order and Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on April 4, 2019, was served on the parties in this action. Petitioner objected to the Recommendation. (Doc. 88.)

The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination, which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's Recommendation.

IT IS THEREFORE ORDERED that this action be filed and then dismissed sua sponte for failure to obtain certification for this § 2255 application by filing a Motion for Authorization in the Court of Appeals as required by 28 U.S.C. §§ 2255 and 2244 and Fourth Circuit Local Rule 22(d). A judgment dismissing this action will be entered contemporaneously with this Order. Finding neither a substantial issue for appeal concerning the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, a certificate of appealability is not issued.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer