Filing 2

RECOMMENDED RULING - MAGISTRATE JUDGE. RECOMMENDING taht petitioner's Rule 60(b) motion (docket no. 50) be construed as an attempt by petitioner to file a second or successive Section 2255 action. Further that this action be dismissed due to pet itioner's failure to obtain certification from the Fourth Circuit as required by 28:2244 and 2255 and Fourth Circuit Local Rule 22(d). ORDERING that the clerk send petitioner a copy of this recommendation, instruction forms for filing Section 2 255 actions in this Court and Motions for Authorization in the court of appeals, and four copies of Section 2255 forms. Petitioner should keep the original and two copies of the completed Section 2255 forms which can be submitted in this court if petitioner obtains approval from the Fourth Circuit. Signed by Judge P. TREVOR SHARP on 1/9/06. (Dickerson, Nancy)

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