UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1379
In re: EDDIE DEWAYNE CARRINGER, a/k/a Red Carringer, a/k/a
Sld Dft 2:00m25-1,
Petitioner.
On Petition for a Writ of Mandamus
(2:00-cr-00018-LHT-2; 2:08-cv-00015-LHT)
Submitted: June 11, 2012 Decided: June 26, 2012
Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.
Petition granted by unpublished per curiam opinion.
Eddie Dewayne Carringer, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eddie Dewayne Carringer petitions for a writ of
mandamus seeking an order directing the clerk to file his motion
under 28 U.S.C.A. § 2255 (West Supp. 2011). Carringer
previously attempted to file this motion, but the clerk returned
it to him rather than docketing the motion and referring it to
the court for ruling. The clerk does not have the authority to
make what is, in essence, a judicial determination on an action
presented to the court for filing. See McCray v. Maryland, 456
F.2d 1, 4, 6 (4th Cir. 1972). Accordingly, we grant the
petition and hereby order the United States District Court for
the Western District of North Carolina to file Carringer’s
§ 2255 motion. The motion should be deemed filed as of its
original date, February 14, 2012. By our grant of mandamus, we
express no opinion on the procedural or substantive merits of
Carringer’s § 2255 motion. Carringer’s motion to proceed in
forma pauperis is likewise granted.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
PETITION GRANTED
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