FELTON v. HALL

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

DAVID FELTON,
Petitioner,
v.
JOSEPH HALL,
Respondent.

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1:11CV759

O-R-D-E-R

The Recommendation of the United States Magistrate Judge was filed with the court
in accordance with 28 U.S.C. § 636(b) and, on January 10, 2012, was served on the parties
in this action. Petitioner objected to the Recommendation.
The court has appropriately reviewed the portions of the Magistrate Judge’s report to
which objection was made and has made a de novo determination which is in accord with the
Magistrate Judge’s report.

The court therefore adopts the Magistrate Judge’s

recommendation.
IT IS THEREFORE ORDERED that Petitioner’s “Rule 60(b)” motion is construed
as an attempt by Petitioner to file a second or successive § 2254 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 dismissing 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.

United States District Judge

Date: February 29, 2012

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