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01-004 - UNITED STATES OF AMERICA v. MCQUAIG et al


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01-004 - UNITED STATES OF AMERICA v. MCQUAIG et al
March 31, 2015
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RECOMMENDATION AND ORDER as to JOSEPH MCQUAIG, signed by MAG/JUDGE JOE L. WEBSTER on 3/31/2015. ORDERED that the Clerk send Petitioner a copy of this Recommendation, instruction forms for filing § 2255 actions in this Court and Motions for Authorization in the court of appeals, and four copies of § 2255 forms (more copies will be sent on request). Petitioner should keep the original and two copies of the completed § 2255 forms which can be submitted in this Court if Petitioner obtains approval from the Fourth Circuit. RECOMMENDED that Petitioner's "Rule 60(b)" motion be construed as an attempt by Petitioner to file a second or successive § 2255 action. FURTHER RECOMMENDED 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). (1:15CV236) (Butler, Carol)
April 13, 2016
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ORDER signed by JUDGE N. C. TILLEY, JR on 04/13/2016 adopting the Magistrate Judge's recommendation; 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. (Civil Case number: 15CV236)(Garland, Leah)