TAPP-EL v. CLAY et al
Petitioner: Michael Tapp-El
Respondent: STATE OF NORTH CAROLINA GUILFORD COUNTY and HARVEY CLAY
Case Number: 1:2018cv00911
Filed: October 30, 2018
Court: US District Court for the Middle District of North Carolina
Presiding Judge: L PATRICK AULD
Referring Judge: WILLIAM L OSTEEN
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 27, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 27, 2018 Filing 9 JUDGMENT signed by JUDGE WILLIAM L. OSTEEN, JR on 12/27/2018. For the reasons set forth in the Order filed contemporaneously with this Judgment; that the Petition for Writ of Habeas Corpus (Doc. #1 ) is DENIED and that this action is dismissed. Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued. (Sheets, Jamie)
December 27, 2018 Opinion or Order Filing 8 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 12/27/2018 adopting the Magistrate Judge's Recommendation #5 ; that the Petition for Writ of Habeas Corpus (Doc. #1 ) is DENIED and that this action is dismissed. A Judgment dismissing this action will be entered contemporaneously with this Order. Finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued. (Sheets, Jamie)
November 16, 2018 CASE REFERRED re: Proposed Order on #5 RECOMMENDED RULING - MAGISTRATE JUDGE re #1 Petition for Writ of Habeas Corpus filed by MICHAEL TAPP-EL, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly)
November 15, 2018 CASE REFERRED re: #5 RECOMMENDED RULING - MAGISTRATE JUDGE re #1 Petition for Writ of Habeas Corpus filed by MICHAEL TAPP-EL, to Judge MAG/JUDGE L. PATRICK AULD. (Welch, Kelly)
November 13, 2018 Filing 7 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #5 Recommended Ruling - Magistrate Judge, filed by Petitioner MICHAEL TAPP-EL. (Attachments: #1 Envelope - Front and Back) (Sheets, Jamie)
November 1, 2018 Filing 6 Notice of Mailing Recommendation. Objections to R&R due by 11/15/2018. Objections to R&R for Pro Se due by 11/19/2018. (Butler, Carol)
November 1, 2018 Opinion or Order Filing 5 ORDER AND RECOMMENDATION as to MICHAEL TAPP-EL, signed by MAG/JUDGE L. PATRICK AULD on 11/1/2018. ORDERED 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 filed, but then dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition. (Butler, Carol)
November 1, 2018 Opinion or Order ORDER that in forma pauperis status is granted. Signed by MAG/JUDGE L. PATRICK AULD on 11/1/2018. See #5 .(Butler, Carol)
October 30, 2018 Filing 4 Case transferred in from District of North Carolina Eastern; Case Number 5:18-hc-02262. Original file certified copy of transfer order and docket sheet received.
October 30, 2018 Opinion or Order Filing 3 ORDER transferring case to the Middle District of North Carolina. Signed by Peter A. Moore, Jr., Clerk of Court on 10/30/2018. Copy served via US Mail: Michael Tapp-El 0398792, Lumberton Correctional Institution, 75 Legend Road, Lumberton, NC 28359. (Castania, M) [Transferred from North Carolina Eastern on 10/30/2018.]
October 30, 2018 Filing 2 Letter regarding case opening sent via US Mail to Michael Tapp-El at Lumberton Correctional Institution. (Indig, A.) [Transferred from North Carolina Eastern on 10/30/2018.]
October 30, 2018 Case Assigned to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Butler, Carol)
October 30, 2018 CASE REFERRED for Screening (Butler, Carol)
October 29, 2018 Filing 1 PETITION for Writ of Habeas Corpus filed by Michael Tapp-El. (Attachments: #1 Documents in Support, #2 Cover Letter, #3 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 10/30/2018.]

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Petitioner: Michael Tapp-El
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Respondent: STATE OF NORTH CAROLINA GUILFORD COUNTY
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Respondent: HARVEY CLAY
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