McQUAIG v. U.S., 1:00CR250-3 (2016)
Court: District Court, E.D. North Carolina
Number: infdco20160414c49
Visitors: 11
Filed: Apr. 13, 2016
Latest Update: Apr. 13, 2016
Summary: ORDER N. CARLTON TILLEY, Jr. , Senior 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 March 31, 2015, 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 repor
Summary: ORDER N. CARLTON TILLEY, Jr. , Senior 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 March 31, 2015, 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..
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ORDER
N. CARLTON TILLEY, Jr., Senior 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 March 31, 2015, 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 "Rule 60(b)" motion be construed as an attempt by Petitioner to file a second or successive § 2255 action. IT IS FURTHER ORDERED that this action be dismissed due to Petitioner's failure to obtain certification from the Fourth Circuit as required by 28 U.S.C. §§ 2244 and 2255 and Fourth Circuit Local Rule 22(d). A judgment dismissing this action will be entered contemporaneously with this Order. 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.
Source: Leagle
