TUCKER v. USA

Filing 11

ORDER signed by JUDGE LORETTA C. BIGGS on 11/13/2017, that Petitioner's Motions [ECF Nos. 3 , 4 , and 9 ] are DENIED and this action is DISMISSED sua sponte without prejudice to Petitioner filing his claims as appropriate in his pending criminal case, and that, finding no substantial issue for appeal concerning the denial of a constitutional right, nor a debatable procedural ruling, a certificate of appealability is DENIED. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CHRISTOPHER LEWIS TUCKER,

)
)
)
)
)
)
)
)
)

Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

1:17CV627

ORDER
On September 25, 2017, the United States Magistrate Judge=s Recommendation was
filed and notice was served on Petitioner pursuant to 28 U.S.C. ' 636. Petitioner filed
objections [ECF No. 8] to the Recommendation within the time limit prescribed by Section
636. The Court has reviewed Petitioner=s objections de novo and finds they do not change the
substance of the United States Magistrate Judge=s Recommendation [ECF No. 6], which is
affirmed and adopted. For the same reasons set out in the Recommendation, Petitioner=s
subsequent Motions [ECF No. 9], will likewise be dismissed without prejudice to Petitioner
filing his claims as appropriate in his pending criminal prosecution (Case No. 1:17CR221).
IT IS THEREFORE ORDERED that Petitioner=s Motions [ECF Nos. 3, 4, and 9] are
DENIED and this action is DISMISSED sua sponte without prejudice to Petitioner filing his
claims as appropriate in his pending criminal case, and that, finding no substantial issue for
appeal concerning the denial of a constitutional right, nor a debatable procedural ruling, a
certificate of appealability is DENIED.
This, the 13th day of November, 2017.
/s/ Loretta C. Biggs
United States District Judge