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05-141 - USA v. HANDY


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05-141 - USA v. HANDY
January 3, 2017
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RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/03/2017, 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). 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. (Civil Case Number: 1:16CV1399). (Taylor, Abby)
February 2, 2017
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ORDER signed by JUDGE THOMAS D. SCHROEDER on 2/2/2017 adopting the Magistrate Judge's Recommendation (Doc. 203); that Petitioner's Motion (Doc. 201) to vacate, set aside or correct sentence is DISMISSED without prejudice for failure to obtain authorization for a successive § 2255 application from the Court of Appeals as required by 28 U.S.C. §§ 2255 and 2244 and Fourth Circuit Local Rule 22(d), and this action is DISMISSED. Finding neither a 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. (Civil Case 1:16CV1399) (Sheets, Jamie)