FOUST v. SOLOMON

Filing 3

RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 09/26/2014. 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. ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. FURT HER 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 Fo urth 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 DISTRIÇT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

THEODORE M. FOUST,

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Petitioner,
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GEORGE T. SOLOMON,
Respondent.

1:14CV819

RECOMMENDATION AND ORDER
OF LINITED STATES MAGISTRATE JUDGE
Petitioner, a state prisoner, submitted

a

petition for writ of habeas corpus pursuant to

28 U.S.C. ç 2254, together with an application to proceed informa pauperís. This Petition
cannot be further processed because court records reveal that Petitioner already attacked the
same conviction and sentence in a previous ç 2254 petition

[1:06CV439]. 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

ç 2244(b)(3XA). This Court cannot consider the Petition unless that authorization first
issues. Petitioner does not claim that he received authorizalion to file a successive Petition.
Because of this pleading failure, the Petition should be dismissed.

Inþrma pauperís

will be granted for the sole purpose of entering this Recommendation and Order

status

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. ç 2244.

IT IS THEREFORE ORDERED that ínþrma pauperís 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 ç 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 ín þrma pauperis (upon request), and four copies of
5 2254 petition forms (more copies

will be sent on request). Petitioner

should keep the

original and two copies of the ç 2254 petition which can be submitted in this Court
Petitioner obtains approval from the Fourth Circuit.
This,

the

of September,2014.

Webster
United States Magistrate Judge
J oe

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