MORGAN v. LEWIS
Filing
2
RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 06/04/2012. IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. IT IS FURTHER ORDERED that the Clerk shall send Petitioner a copy of this Recommendation and Order, instruction forms for filing § 2254 petitions in this Court and for filing a Motion for Authorization in the United States Court of Appeals for t he Fourth Circuit, an application to proceed in forma pauperis (upon request), and four copies of § 2254 petition forms (more copies will be sent on request). Petitioner should keep the original and two copies of the § 2254 petition which can be submitted in this Court if Petitioner obtains approval from the Fourth Circuit. (Taylor, Abby)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
SAMMY JUNIOR MORGAN,
Petitioner,
v.
ROBERT LEWIS,
Respondent.
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1:12CV546
RECOMMENDATION AND ORDER
OF UNITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner, has submitted a petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2254. This Petition cannot be further processed because court records reveal
that Petitioner has already attacked the same conviction and sentence in a previous § 2254
petition [1:03CV849]. Consequently, Petitioner must apply to the United States Court of
Appeals for the Fourth Circuit for an order authorizing this Court to consider the current
Petition, as required by 28 U.S.C. § 2244(b)(3)(A). See AO 241 (MDNC 3/97), Instructions,
paragraph 5. Because of this pleading failure, the Petition should be dismissed. In forma
pauperis status will be granted for the sole purpose of entering this Recommendation and
Order.
IT IS THEREFORE RECOMMENDED that the Petition be dismissed for failure
to apply to the United States Court of Appeals for the Fourth Circuit for an order authorizing
this district court to consider the current Petition as is required by 28 U.S.C. § 2244.
IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole
purpose of entering this Recommendation and Order.
IT IS FURTHER ORDERED that the Clerk shall send Petitioner a copy of this
Recommendation and Order, instruction forms for filing § 2254 petitions in this Court and
for filing a Motion for Authorization in the United States Court of Appeals for the Fourth
Circuit, an application to proceed in forma pauperis (upon request), and four copies of
§ 2254 petition forms (more copies will be sent on request). Petitioner should keep the
original and two copies of the § 2254 petition which can be submitted in this Court if
Petitioner obtains approval from the Fourth Circuit.
/s/ L. Patrick Auld
L. Patrick Auld
United States Magistrate Judge
Date: June 4, 2012
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