USA v. KERR

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
NORMAN ALAN KERR, 	)
)
Petitioner, 	)
)
v. 	) 	1:25CV721
) 	1:09CR290-1
UNITED STATES OF AMERICA, 	)
)
Respondent. 	)
ORDER
On 	October 	27, 	2025, 	the 	United 	States 	Magistrate 	Judge’s
Recommendation 	and 	Order 	was 	filed 	and 	notice 	was 	served 	on 	the
parties 	in 	accordance 	with 	28 	U.S.C. 	§ 	636(b). 	Objections 	were
filed 	within 	the 	time 	limits 	prescribed 	by 	section 	636. 	(Doc.
301.)
The 	court 	has 	appropriately 	reviewed 	the 	portions 	of 	the
Magistrate 	Judge’s 	report 	to 	which 	objections 	were 	made 	and 	has
made a de novo determination in accord with the Magistrate Judge’s
report. 	The 	court 	therefore 	adopts 	the 	Magistrate 	Judge’s
Recommendation.
IT IS THEREFORE ORDERED that Petitioner’s “Rule 60(b)” Motion
(Doc. 	295) 	be 	construed 	as 	an 	attempt 	by 	Petitioner 	to 	file 	a
second or successive § 2255 action.
IT 	IS 	FURTHER 	ORDERED 	that 	action 	is 	DISMISSED 	due 	to
Petitioner’s 	failure 	to 	obtain 	certification 	from 	the 	Fourth
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Circuit 	as 	required 	by 	28 	U.S.C. 	§§ 	2244 	and 	2255 	and 	Fourth
Circuit Local Rule 22(d).
/s/ 	Thomas D. Schroeder
United States District Judge
January 12, 2026
Case 1:09-cr-00290-TDS Document 303 Filed 01/12/26 Page 2 of 2