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07-908 - BELTRAN v. STATE OF NORTH CAROLINA


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07-908 - BELTRAN v. STATE OF NORTH CAROLINA
December 3, 2007
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RECOMMENDATION AND ORDER: RECOMMENDED that this petition be dismissed for failure to apply to the Fourth Circuit Court of Appeals for an order authorizing this district court to consider the current petition as is required by 28 U.S.C. § 2244. IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order.IT IS FURTHER ORDERED that the Clerk shall send Petitioner a copy of thisRecommendation and Order and instruction forms for filing § 2254 petitions in this Court and Motions for Authorization in the court of appeals, an application to proceed in forma pauperis (upon request), and four copies of § 2254 petition forms (more copies will be sent on request). Petitioner should keep the original and two copies of the § 2254 petition which can be submitted in this Court if Petitioner obtains approval from the Fourth Circuit. re 2 Petition for Writ of Habeas Corpus filed by RAY BELTRAN. Objections to R&R due by 12/20/2007. Signed by MAG/JUDGE WALLACE W. DIXON on 12/3/2007. (Butler, Carol)
February 22, 2008
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JUDGMENT signed by JUDGE WILLIAM L. OSTEEN, JR., on 2/22/2008, adopting the Magistrate Judge's Recommendation, that the petition be dismissed for failure to apply to the Fourth Circuit Court of Appeals for an order authorizing this district court to consider the current petition as is required by 28 U.S.C. § 2244. 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. (Lloyd, Donna)