MOORE v. UNITED STATES OF AMERICA

Filing 2

RECOMMENDATION AND ORDER - MAGISTRATE JUDGE re 1 Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255) filed by ARTHUR PAUL MOORE, JR. It is therefore ORDERED that the clerk send petitioner a copy of this recommendation, instruction forms for filing Section 2255 actions in this Court and Motions for Authorization in the court of appeals, and four copies of Section 2255 forms. It is therefore RECOMMENDED that petitioner's "Rule 60(b)&qu ot; motion (docket no. 219 in Criminal Case 1:98CR93-3) be construed as an attempt by petitioner to file a second or successive Section 2255 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 2255 and Fourth Circuit Local Rule 22(d). Objections to R&R due by 1/26/2006 Signed by Judge P. TREVOR SHARP on 01/09/2006. (McClain, Abby)