PULLEY v. SMITH

Petitioner: LARRY MCLEOD PULLEY
Respondent: LEWIS SMITH
Case Number: 1:2013cv00229
Filed: March 21, 2013
Court: North Carolina Middle District Court
Office: NCMD Office
County: Lee
Referring Judge: L. PATRICK AULD
Presiding Judge: JAMES A. BEATY
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None

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Date Filed#Document Text
April 9, 2013 2 Opinion or Order of the Court RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 04/09/2013, that the Petition be dismissed for failure to apply to the United States Court of Appeals for the Fourth Circuit for an order authorizing t his district court to consider the current Petition as is required by 28 U.S.C. § 2244. ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. FURTHER that the Clerk shal l send Petitioner a copy of this Recommendation and Order, instruction forms for filing § 2254 petitions in this Court and for filing a Motion for Authorization in the United States Court of Appeals for the Fourth Circuit, an application to p roceed in forma pauperis, and four copies of § 2254 petition forms (more copies will be sent on request). Petitioner should keep the original and two copies of the § 2254 petition which can be submitted in this Court if Petitioner obtains approval from the Fourth Circuit. (Taylor, Abby)
May 15, 2013 5 Opinion or Order of the Court ORDER signed by JUDGE JAMES A. BEATY, JR., on 5/15/2013, adopting the Magistrate Judge's Recommendation (doc. # 2 ); that the Petition be dismissed for failure to apply to the United States Court of Appeals for the Fourth Circuit for an order authorizing this district court to consider the current Petition as is required by 28 U.S.C. § 2244. A Judgment will be entered contemporaneously with this Order. (Lloyd, Donna)

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Petitioner: LARRY MCLEOD PULLEY
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Respondent: LEWIS SMITH
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