RANKIN BEY v. STATE OF NORTH CAROLINA

Filing 10

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 01/10/2022 affirming and adopting the Magistrate Judge's Recommendation, that the Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 is dis missed for failure to obtain an order from the United States Court of Appeals for the Fourth Circuit authorizing this district court to consider the current Petition as is required by 28 U.S.C. § 2244, and that, there being 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)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF NORTH CAROLINA
NAPOLEON J. RANKIN BEY,

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Petitioner,
v.
STATE OF NORTH CAROLINA,
Respondent.

1:21CV45

ORDER
On November 2, 2021, the United States Magistrate Judge’s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

Petitioner filed objections (Doc. 9)

within the time limit prescribed by § 636.
The court has reviewed Petitioner’s objections de novo and
finds that they do not change the substance of the United States
Magistrate Judge’s Recommendation (Doc. 6), which is affirmed and
adopted.
Petitioner also filed an Application to Proceed In Forma
Pauperis (Doc. 8), but that filing does not address the issue set
out in the Recommendation. To the extent that Petitioner

is

seeking

28

to

file

an

action

different

from

one

under

U.S.C. § 2254, he should do so on the proper forms.
IT IS THEREFORE ORDERED that the Petition for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 is dismissed for failure to

Case 1:21-cv-00045-TDS-JEP Document 10 Filed 01/10/22 Page 1 of 2

obtain an order from the United States Court of Appeals for the
Fourth Circuit authorizing this district court to consider the
current Petition as is required by 28 U.S.C. § 2244, and that,
there being 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.

/s/
Thomas D. Schroeder
United States District Judge

January 10, 2022

2

Case 1:21-cv-00045-TDS-JEP Document 10 Filed 01/10/22 Page 2 of 2