Nelson v. Masters

Nelson v. Masters

Petitioner:	Broderick Dale Nelson
Respondent:	Bart Masters
Case Number:	1:2014cv15228
Filed:	April 23, 2014
Court:	US District Court for the Southern District of West Virginia
Office:	Bluefield Office
County:	McDowell
Presiding Judge:	David A. Faber
Presiding Judge:	Dwane L. Tinsley
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

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Date Filed	Document Text
June 23, 2016	Filing 4 MEMORANDUM OPINION AND ORDER AND NOTICE: it is hereby ORDERED that the reference of this matter to Magistrate Judge Tinsley is WITHDRAWN; that the instant section 2241 petition is construed as a second or successive Motion to Vacate, Set Aside or Co rrect Sentence under 28 U.S.C. § 2255, and it is further ORDERED that the same be TRANSFERRED to the United States Court of Appeals for the Fourth Circuit for consideration under 28 U.S.C. §§ 2244(a) and 2255(h) as to whether the petitioner should be authorized to file a second or successive section 2255 motion in the United States District Court for the Middle District of North Carolina. Signed by Senior Judge David A. Faber on 6/23/2016. (cc: Petitioner) (mk)

Date Filed

Document Text

June 23, 2016

Filing 4 MEMORANDUM OPINION AND ORDER AND NOTICE: it is hereby ORDERED that the reference of this matter to Magistrate Judge Tinsley is WITHDRAWN; that the instant section 2241 petition is construed as a second or successive Motion to Vacate, Set Aside or Co rrect Sentence under 28 U.S.C. § 2255, and it is further ORDERED that the same be TRANSFERRED to the United States Court of Appeals for the Fourth Circuit for consideration under 28 U.S.C. §§ 2244(a) and 2255(h) as to whether the petitioner should be authorized to file a second or successive section 2255 motion in the United States District Court for the Middle District of North Carolina. Signed by Senior Judge David A. Faber on 6/23/2016. (cc: Petitioner) (mk)

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Petitioner: Broderick Dale Nelson
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Respondent: Bart Masters
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