USA v. HYDE et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MASON WHITE HYDE, )
)
Petitioner, )
) 1:19-cr-548-1
v. ) 1:24-cv-1022
)
UNITED STATES OF AMERICA, )
)
Respondent. )
ORDER
This matter is before the court for review of the
Recommendation and Order (“Recommendation”) filed on July 2,
2025, by the United States Magistrate Judge in accordance with
28 U.S.C. § 636(b). (Doc. 158.) The Magistrate Judge finds that
Petitioner’s filing under § 1651 is not proper and construes the
submission as a Motion under § 2255, and further that because of
this pleading failure, Petitioner’s Motion should be filed and
then dismissed. The Recommendation was served on the parties in
this action on July 2, 2025. (Doc. 159.) Petitioner timely filed
objections to the Recommendation. (Doc. 160.)
This court is required to “make a de novo determination of
those portions of the [Magistrate Judge’s] report or specified
proposed findings or recommendations to which objection is
made.” 28 U.S.C. § 636(b)(1). This court “may accept, reject, or
modify, in whole or in part, the findings or recommendations
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made by the [M]agistrate [J]udge. . . . [O]r recommit the matter
to the [M]agistrate [J]udge with instructions.” Id.
This court has appropriately reviewed the portions of the
Recommendation to which the objections were made and has made a
de novo determination which is in accord with the Magistrate
Judge’s Recommendation. Petitioner’s objections warrant no
relief. This court therefore adopts the Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge’s
Recommendation, (Doc. 158), is ADOPTED. IT IS FURTHER ORDERED
that this action is filed, and is hereby DISMISSED for failure
to obtain certification for this § 2255 application by filing a
Motion for Authorization in the Court of Appeals as required by
28 U.S.C. §§ 2255 and 2244 and Fourth Circuit Local Rule 22(d).
The court further finds there is no substantial showing of
the denial of a constitutional right affecting the conviction
nor a debatable procedural ruling, therefore a certificate of
appealability is not issued.
A Judgment dismissing this action will be entered
contemporaneously with this Order.
This the 2nd day of January, 2026.
__________________________________
United States District Judge
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