HOOVER v. JACKSON

Filing 3

RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 10/10/2013, that the Petition be dismissed for failure to apply to the United States Court of Appeals for the Fourth Circuit for an order auth orizing this district court to consider the current Petition as is required by 28 U.S.C. § 2244. ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. FURTHER that the Cl erk 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 applicat ion 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

ANTHONY LEON HOOVER,
Petitioner,
v.
BUTCH JACKSON,
Respondent.

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1:13CV892

RECOMMENDATION AND ORDER
OF UNITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner, submitted a petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254, together with an application to proceed in forma pauperis. This Petition
cannot be further processed because court records reveal that Petitioner already attacked the
same conviction and sentence in a previous § 2254 petition [1:10CV129]. 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). This Court cannot consider the Petition unless that authorization first
issues. Petitioner does not claim that he received authorization to file a successive Petition.
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.
This, the 10th day of October, 2013.

/s/ L. Patrick Auld
L. Patrick Auld
United States Magistrate Judge

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