HERNANDEZ v. UNITED STATES OF AMERICA et al
||UNITED STATES OF CONGRESS, UNITED STATES OF AMERICA and DAVIE COUNTY COURT, NC
||April 30, 2013
||North Carolina Middle District Court
||L. PATRICK AULD
||CATHERINE C. EAGLES
|Nature of Suit:
||Habeas Corpus (General)
|Cause of Action:
||28:2254 Petition for Writ of Habeas Corpus (State)
|Jury Demanded By:
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|Date Filed||#||Document Text|
|May 10, 2013
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 05/10/2013, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Petitioner § 2254 forms, instructions, and a current application to proceed in forma pauperis. RECOMMENDED that this action be construed as a habeas petition under 28 U.S.C. § 2254 and dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition. The new petition must be accompanied by either the five dollar filing fee or a current application to proceed in forma pauperis.(Taylor, Abby)
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