EDWARDS v. COOPER

EDWARDS v. COOPER

Petitioner:	JULIUS KEVIN EDWARDS
Respondent:	ROY COOPER
Case Number:	1:2012cv00180
Filed:	February 22, 2012
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Guilford
Presiding Judge:	L. PATRICK AULD
Presiding Judge:	JAMES A. BEATY
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
February 27, 2012	Filing 4 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 02/27/2012. IT IS THEREFORE RECOMMENDED 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. IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. I T IS FURTHER ORDERED that Petitioner's Motions for the Record on Appeal (Docket Entry 2 ) and Motion for Leave to Conduct Discovery (Docket Entry 3 ) are DENIED for being moot. IT IS FURTHER ORDERED that the Clerk shall 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 proceed in forma pauperis (up on request), 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)

Date Filed

Document Text

February 27, 2012

Filing 4 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 02/27/2012. IT IS THEREFORE RECOMMENDED 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. IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. I T IS FURTHER ORDERED that Petitioner's Motions for the Record on Appeal (Docket Entry 2 ) and Motion for Leave to Conduct Discovery (Docket Entry 3 ) are DENIED for being moot. IT IS FURTHER ORDERED that the Clerk shall 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 proceed in forma pauperis (up on request), 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)

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Respondent: ROY COOPER
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Petitioner: JULIUS KEVIN EDWARDS
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