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IN RE HUBBARD

No. 15-276.

825 F.3d 225 (2016)

IN RE: Creadell HUBBARD, Movant.

United States Court of Appeals, Fourth Circuit.

Decided: June 8, 2016.

Attorney(s) appearing for the Case

ARGUED: Paul K. Sun, Jr. , Ellis & Winters LLP, Raleigh, North Carolina, for Movant. Seth Morgan Wood , Office of the United States Attorney, Raleigh, North Carolina, for Respondent. ON BRIEF: Kelly Margolis Dagger , Ellis & Winters LLP, Raleigh, North Carolina, for Movant. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Respondent.

Motion granted by published opinion. Judge Gregory wrote the opinion, in which Judge Harris and Senior Judge Davis joined.

Movant Creadell Hubbard seeks pre-filing authorization to pursue a successive § 2255 petition for habeas relief. For the reasons that follow, we grant his motion.

I.

On July 19, 1988, Creadell Hubbard was indicted on the following numbered criminal counts: (1) armed bank robbery, 18 U.S.C. § 2113...

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