COLLINS v. UNITED STATES OF AMERICA

COLLINS v. UNITED STATES OF AMERICA

Case Number:	1:2006cv00036
Filed:	January 13, 2006
Court:	US District Court for the Middle District of North Carolina
Office:	Durham Office
Presiding Judge:	WALLACE W. DIXON
Presiding Judge:	N. C. TILLEY
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate Sentence
Jury Demanded By:	None

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Date Filed	Document Text
January 13, 2006	Filing 2 ORDER AND RECOMMENDED RULING - MAGISTRATE JUDGE re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by LARRY LAMONT COLLINS. It is therefore RECOMMENDED that petitioner's submission be construed as a motion to vacate sentence and tha t 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) . It is therefore ORDERED that the clerk send petitioner a copy of this recommendation, instruction forms for filing Section 2255 motions in this Court and Motions for Authorization in the court of appeals, and four copies of Section 2255 motion forms. Objections to R&R due by 1/30/2006.Signed by Judge WALLACE W. DIXON on 01/13/2006. (McClain, Abby)

Date Filed

Document Text

January 13, 2006

Filing 2 ORDER AND RECOMMENDED RULING - MAGISTRATE JUDGE re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by LARRY LAMONT COLLINS. It is therefore RECOMMENDED that petitioner's submission be construed as a motion to vacate sentence and tha t 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) . It is therefore ORDERED that the clerk send petitioner a copy of this recommendation, instruction forms for filing Section 2255 motions in this Court and Motions for Authorization in the court of appeals, and four copies of Section 2255 motion forms. Objections to R&R due by 1/30/2006.Signed by Judge WALLACE W. DIXON on 01/13/2006. (McClain, Abby)

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