FELTON v. HALL

FELTON v. HALL

Petitioner:	DAVID FELTON
Respondent:	JOSEPH HALL
Case Number:	1:2011cv00759
Filed:	September 19, 2011
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Alamance
Presiding Judge:	UNASSIGNED
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
February 29, 2012	Filing 6 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 2/29/2012, adopting the Magistrate Judge's recommendation; that Petitioner's "Rule 60(b)" motion is construed as an attempt by Petitioner to file a second or successive § 22 54 action and that the habeas corpus petition is dismissed without prejudice 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). A Judgment d ismissing this action will be entered contemporaneously with this Order. 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. (Lloyd, Donna)
January 10, 2012	Filing 3 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 01/10/2012. IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. IT IS FURTH ER ORDERED that the Clerk send Petitioner a copy of this Recommendation, instruction forms for filing 2254 actions in this 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 submitted in this Court if Petitioner obtains approval from the Fourth Circuit. IT IS THEREFORE RECOMMENDED that Petitioner's "Rule 60(b)" m otion be construed as an attempt by Petitioner to file a second or successive 2254 action. IT IS 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

February 29, 2012

Filing 6 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 2/29/2012, adopting the Magistrate Judge's recommendation; that Petitioner's "Rule 60(b)" motion is construed as an attempt by Petitioner to file a second or successive § 22 54 action and that the habeas corpus petition is dismissed without prejudice 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). A Judgment d ismissing this action will be entered contemporaneously with this Order. 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. (Lloyd, Donna)

January 10, 2012

Filing 3 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE P. TREVOR SHARP on 01/10/2012. IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. IT IS FURTH ER ORDERED that the Clerk send Petitioner a copy of this Recommendation, instruction forms for filing 2254 actions in this 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 submitted in this Court if Petitioner obtains approval from the Fourth Circuit. IT IS THEREFORE RECOMMENDED that Petitioner's "Rule 60(b)" m otion be construed as an attempt by Petitioner to file a second or successive 2254 action. IT IS 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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Respondent: JOSEPH HALL
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Petitioner: DAVID FELTON
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