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07-375 - USA v. TILLEY et al


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07-375 - USA v. TILLEY et al
April 27, 2017
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RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 04/27/2017 as to BILLY JOE COLLINS(4). 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. RECOMMENDED that Petitioner's "Rule 60(b)" motion be construed as an attempt by Petitioner to file a second or successive § 2255 action. 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). Civil Case 1:17CV371.. (Taylor, Abby)
June 16, 2017
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ORDER as to BILLY JOE COLLINS signed by JUDGE N. C. TILLEY, JR on 6/16/2017 adopting the Magistrate Judge's Recommendation 166; that Petitioner's "Rule 60(b)" motion [Doc. #165] be construed as an attempt by Petitioner to file a second or successive § 2255 action. FURTHER 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 1:17CV371) (Sheets, Jamie)