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93-122 - UNITED STATES OF AMERICA v. MARTIN et al


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93-122 - UNITED STATES OF AMERICA v. MARTIN et al
September 28, 2015
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RECOMMENDATION AND ORDERsigned by MAG/JUDGE JOE L. WEBSTER on 9/28/2015. 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). 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 135 MOTION to Vacate, Set Aside or Correct Sentence (pursuant to 28 U.S.C. 2255) filed by SCOTTY ROACH. Objections to R&R due by 10/16/2015. (1:15CV783) (Butler, Carol)
January 28, 2016
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ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 01/28/2016 adopting the Magistrate Judge's Recommendation; that Petitioner's document entitled as a Motion seeking a sentence reduction under 18 U.S.C. § 3582 (Doc. 135) is construed as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, and that this action 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). 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. A Judgment dismissing this action will be entered contemporaneously with this Order. (Civil Case number: 15CV783) (Garland, Leah)