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02-291 - USA v. BROADNAX


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02-291 - USA v. BROADNAX
November 15, 2007
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RECOMMENDATION AND ORDER: RECOMMENDED 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). IT IS THEREFORE ORDERED that the Clerk send Petitioner a copy of this Recommendation, instruction forms for filing § 2255 motions in this Court and Motions for Authorization in the court of appeals, and four copies of § 2255 motion forms (more copies will be sent on request). Petitioner should keep the original and two copies of the § 2255 motion which can be submitted in this Court if Petitioner obtains approval from the Fourth Circuit. re 38 MOTION to Vacate, Set Aside or Correct Sentence (pursuant to 28 U.S.C. 2255) filed by THOMAS HENRY BROADNAX. Objections to R&R due by 12/3/2007. Signed by MAG/JUDGE RUSSELL A. ELIASON on 11/15/07. (1:07CV857) (Butler, Carol) Modified on 11/16/2007 to edit text. (Butler, Carol). Modified on 11/16/2007 to edit text. (Butler, Carol).
January 8, 2008
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ORDER as to THOMAS HENRY BROADNAX signed by JUDGE N. C. TILLEY, JR on 1/8/08, affirming and adopting the Magistrate Judge's Recommendation, that this action is dismissed sua sponte for failure to obtain certification for this Section 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), and that 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 denied. (1:07CV857). (Welch, Kelly)