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JEFFUS v. U.S., 1:11CV326 (2012)

Court: District Court, E.D. North Carolina Number: infdco20120307b28 Visitors: 13
Filed: Mar. 06, 2012
Latest Update: Mar. 06, 2012
Summary: ORDER N. CARLTON TILLEY, Jr., Senior District Judge. The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. 636(b) and, on June 2, 2011, was served on the parties in this action. Petitioner objected to the Recommendation. 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 ther
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ORDER

N. CARLTON TILLEY, Jr., Senior District Judge.

The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on June 2, 2011, was served on the parties in this action. Petitioner objected to the Recommendation.

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 Petitioner's "Motion for Relief from Judgment and Specific Performance/Enforcement of Plea Agreement and/or Independent Action in Equity" [Docket No. 206] and "Complaint for Independent Action in Equity" [Docket No. 218] are construed partially as motions under § 2255 and partially as motions under Fed. R. Civ. P. 60 and/or independent actions and that the § 2255 portions of the motions are dismissed 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 Fourth Circuit Local Rule 22(d), and that the other portions of the motions/independent actions are DENIED. IT IS FURTHER ORDERED that Petitioner's "Motion for Summary Judgment" [Docket No. 210] and "Motion for a Ruling on Motion to Suppress and/or Review on the Issue Preserved" [Docket No. 214] are DENIED. Finding no 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. A Judgment dismissing this action will be entered contemporaneously with this Order.

Source:  Leagle

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