USA v. Williams, 5:09-CR-162-1-BR. (2017)
Court: District Court, E.D. North Carolina
Number: infdco20171227a09
Visitors: 14
Filed: Dec. 23, 2017
Latest Update: Dec. 23, 2017
Summary: ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on petitioner's "motion to reverse 2255 dismissal order (pursuant to Rule 60(b)(4))." (DE # 166.) The court construes the motion as a second or successive habeas corpus petition under 28 U.S.C. 2255. See Gonzalez v. Crosby, 545 U.S. 524 , 532 (2005). As such, petitioner must first seek authorization from the Fourth Circuit Court of Appeals before this court can consider the motion. See 28 U.S.C. 2244(b)
Summary: ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on petitioner's "motion to reverse 2255 dismissal order (pursuant to Rule 60(b)(4))." (DE # 166.) The court construes the motion as a second or successive habeas corpus petition under 28 U.S.C. 2255. See Gonzalez v. Crosby, 545 U.S. 524 , 532 (2005). As such, petitioner must first seek authorization from the Fourth Circuit Court of Appeals before this court can consider the motion. See 28 U.S.C. 2244(b),..
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ORDER
W. EARL BRITT, Senior District Judge.
This matter is before the court on petitioner's "motion to reverse §2255 dismissal order (pursuant to Rule 60(b)(4))." (DE # 166.) The court construes the motion as a second or successive habeas corpus petition under 28 U.S.C. § 2255. See Gonzalez v. Crosby, 545 U.S. 524, 532 (2005). As such, petitioner must first seek authorization from the Fourth Circuit Court of Appeals before this court can consider the motion. See 28 U.S.C. §§ 2244(b), 2255(h). The motion is DISMISSED WITHOUT PREJUDICE. The court finds that petitioner has not made "a substantial showing of the denial of a constitutional right," 28 U.S.C. § 2253(c)(2), and therefore, a certificate of appealability is DENIED.
Source: Leagle
