Custis v. Clarke

Custis v. Clarke

Case Number:	2:2019cv00214
Filed:	September 12, 2019
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
Nature of Suit:	Mandamus & Other
Cause of Action:	Civil Miscellaneous Case

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Date Filed	Document Text
September 12, 2019	Filing 6 FINAL ORDER. The Court ORDERS that Custis pro se motion to set aside judgment for fraud on the Court filed pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, is a successive section 2254 petition, which is DENIED and DISMISSED WITHOUT PR EJUDICE to Custis refiling his federal petition after obtaining an order authorizing the filing of successive petition from the Court of Appeals for the Fourth Circuit. A certificate of appealability is DENIED. Petitioner is ADVISED that be may seek a certificate from the United States Court of Appeals for the Fourth Circuit by filing a written notice of appeal with the Clerk of the United States District Court within thirty (30) days. Signed by Chief District Judge Mark S. Davis on 9/12/2019. Copies mailed 9/13/2019. (jmey, )

Date Filed

Document Text

September 12, 2019

Filing 6 FINAL ORDER. The Court ORDERS that Custis pro se motion to set aside judgment for fraud on the Court filed pursuant to Rule 60(b) of the Federal Rules of Civil Procedure, is a successive section 2254 petition, which is DENIED and DISMISSED WITHOUT PR EJUDICE to Custis refiling his federal petition after obtaining an order authorizing the filing of successive petition from the Court of Appeals for the Fourth Circuit. A certificate of appealability is DENIED. Petitioner is ADVISED that be may seek a certificate from the United States Court of Appeals for the Fourth Circuit by filing a written notice of appeal with the Clerk of the United States District Court within thirty (30) days. Signed by Chief District Judge Mark S. Davis on 9/12/2019. Copies mailed 9/13/2019. (jmey, )

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