MOSBY v. STEIN et al

Filing 5

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 02/16/2021, 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 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 not issue. A judgment dismissing this action will be entered contemporaneously with this Order.(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CHRISTOPHER MOSBY,
Petitioner,
v.
JOSH STEIN, et al.,
Respondent(s).

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1:21CV72

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 January 28, 2021, was served on the parties in
this action.

Petitioner objected to the Recommendation.

(Doc.

4.)
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
and that, there being neither a substantial issue for appeal
concerning the denial of a constitutional right affecting the

Case 1:21-cv-00072-TDS-JLW Document 5 Filed 02/16/21 Page 1 of 2

conviction nor a debatable procedural ruling, a certificate of
appealability not issue.

A judgment dismissing this action will

be entered contemporaneously with this Order.

/s/
Thomas D. Schroeder
United States District Judge

February 14, 2021

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Case 1:21-cv-00072-TDS-JLW Document 5 Filed 02/16/21 Page 2 of 2