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14-162 - Myers v. O'Brien


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14-162 - Myers v. O'Brien
May 11, 2016
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Spencer T. Myers. The undersigned recommends that the 1 petition, insofar as it now presents a claim under Johnson be DISMISSED WITHOUT PREJUDICE to Myers right to seek permission from the Fourth Circuit to file a second or successive § 2255 and his remaining claims be DISMISSED WITH PREJUDICE for failure to state a claim for relief under 28 U.S.C. §2241. Within fourteen (14) days after being served with a copy of this Recommendation, any party may file with the Clerk of the Court, written objections identifying the portions of the Recommendation to which objections are made, and the basis for such objections. Signed by Magistrate Judge Michael John Aloi on 5/11/16. (copies to Pro Se Petitioner via CM/rrr; Judge Stamp)(lmm) (Additional attachment(s) added on 5/11/2016: # (1) Certified Mail Return Receipt) (lmm).
May 26, 2016
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WITHOUT PREJUDICE. The petitioners remaining claims are DISMISSED WITH PREJUDICE. It is further ORDERED that this civil action be DISMISSED and STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter judgment on this matter. Signed by Senior Judge Frederick P. Stamp, Jr. on 5/26/16. (copy to Pro Se Petitioner via CM/rrr)(lmm) (Additional attachment(s) added on 5/26/2016: # (1) Certified Mail Return Receipt) (lmm).MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING THE 17 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND OVERRULING THE PETITIONERS OBJECTIONS. The petitioner's petition, to the extent it asserts a claim under Johnson, is DISMISSED