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99-010 - UNITED STATES OF AMERICA v. FOWLER et al


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99-010 - UNITED STATES OF AMERICA v. FOWLER et al
August 10, 2016
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RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 8/10/2016. It is therefore 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. It is therefore RECOMMENDED 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 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. 2255 and Fourth Circuit Local Rule 22(d) in case as to STEVEN FOWLER (1). Civil Action 1:16CV1041. (Daniel, J)
October 3, 2016
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 10/3/2016; that the Magistrate Judge's Recommendation (Doc. 295) is ADOPTED. FURTHER that Petitioner's "Motion for Relief from Judgment" pursuant to Federal Rules of Civil Procedure, Rule 60(b) (Doc. 293) is construed as an attempt by Petitioner to file a second or successive motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 and that the motion to vacate is dismissed without prejudice 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. §§ 2555 and 2244 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 1:16CV1041) (Sheets, Jamie)