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govinfo:USCOURTS-ncmd-6_92-cr-00184-3
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
EDWARD DANE JEFFUS, )
)
Petitioner, )
) 1:11CV867
v. ) 6:92CR184-2
)
UNITED STATES OF AMERICA, )
)
Respondent. )
O-R-D-E-R
The Recommendation of the United States Magistrate Judge was filed
with the court in accordance with 28 U.S.C. § 636(b) and, on October 25,
2011, was served on the parties in th is action. Petitioner objected to the
Recommendation.
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 Petitioner’s motion to vacate, set aside
or correct sentence [Docket No. 222] is dismissed without prejudice for failure
to obtain certification for this § 2255 application by filing a Motion for
Case 6:92-cr-00184-WO Document 236 Filed 03/07/12 Page 1 of 2
-2-
Authorization in the Court of Appeals for the Fourth Circuit as required by 28
U.S.C. §§ 2255 and 2244 and Fourth Circuit Local Rule 22(d). IT IS FURTHER
ORDERED that Petitioner’s motion to amend [Docket No. 227], motion to
expand the record [Docket No. 228], motion for leave to conduct
discovery/motion to appoint counsel [Docket No. 229], motion for an
evidentiary hearing [Docket No. 230], and motion for appointment of counsel
[Docket No. 231] are DENIED for lack of good cause. A judgment dismissing
this action will be entered contemporaneously with this Order. Finding no
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.
This the 7
th day of March, 2012
/s/ N. Carlton Tilley, Jr.
Senior United States District Judge
Case 6:92-cr-00184-WO Document 236 Filed 03/07/12 Page 2 of 2