EVANS v. PERRY

EVANS v. PERRY

Petitioner:	EDDIE EVANS, JR.
Respondent:	FRANK L. PERRY
Case Number:	1:2015cv00277
Filed:	March 25, 2015
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Forsyth
Presiding Judge:	L. PATRICK AULD
Presiding Judge:	N. C. TILLEY
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
April 2, 2015	Filing 4 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 04/02/2015. ORDERED that the Clerk send Petitioner a copy of this Recommendation, instruction forms for filing § 2254 actions in t his Court and Motions for Authorization in the court of appeals, and four copies of § 2254 forms (more copies will be sent on request). Petitioner should keep the original and two copies of the completed § 2254 forms which can be submitte d in this Court if Petitioner obtains approval from the Fourth Circuit. RECOMMENDED that Petitioner's "Rule 60(b)" motion be construed as an attempt by Petitioner to file a second or successive § 2254 action. 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. § 2244 and Fourth Circuit Local Rule 22(d).(Taylor, Abby)

Date Filed

Document Text

April 2, 2015

Filing 4 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 04/02/2015. ORDERED that the Clerk send Petitioner a copy of this Recommendation, instruction forms for filing § 2254 actions in t his Court and Motions for Authorization in the court of appeals, and four copies of § 2254 forms (more copies will be sent on request). Petitioner should keep the original and two copies of the completed § 2254 forms which can be submitte d in this Court if Petitioner obtains approval from the Fourth Circuit. RECOMMENDED that Petitioner's "Rule 60(b)" motion be construed as an attempt by Petitioner to file a second or successive § 2254 action. 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. § 2244 and Fourth Circuit Local Rule 22(d).(Taylor, Abby)

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Petitioner: EDDIE EVANS, JR.
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Respondent: FRANK L. PERRY
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