MOSBEY v. STEIN et al

Filing 8

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 01/07/2021 adopting the Magistrate Judge's Recommendation, that the Petition be dismissed for failure to apply to the United States Court of Appeals for the F ourth Circuit for an order authorizing this district court to consider the current Petition as is required by 28 U.S.C. § 2244. A judgment dismissing this action will be entered contemporaneously with this Order. Finding neither a 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. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
C. JOSEPH MOSBEY,

)
)
Petitioner,
)
)
v.
)
)
JOSH STEIN, et al.,
)
)
Respondent(s). )

1:20CV1002

ORDER
The Order and Recommendation of the United States Magistrate
Judge was filed with the court in accordance with 28 U.S.C.
§ 636(b) and, on December 2, 2020, was served on the parties in
this action.

Petitioner objected to the Recommendation.

(Docs.

5, 6, 7.)
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 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.
A

judgment

dismissing

this

contemporaneously with this Order.

action

will

be

entered

Finding neither a substantial

1

Case 1:20-cv-01002-TDS-JLW Document 8 Filed 01/07/21 Page 1 of 2

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.

/s/
Thomas D. Schroeder
United States District Judge

January 7, 2021

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Case 1:20-cv-01002-TDS-JLW Document 8 Filed 01/07/21 Page 2 of 2