FARROW v. HOOKS
| DONALD DURRANT FARROW |
| ERIK A. HOOKS and JANET BUNDY |
| 1:2018cv00973 |
| November 21, 2018 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 |
| None |
Docket Report
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| Filing 15 JUDGMENT signed by JUDGE WILLIAM L. OSTEEN, JR. on 2/5/2019. For the reasons set forth in the Order filed contemporaneously with this Judgment, Petitioner's Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody, (Doc. #1 ), and Amended Petition, (Doc. #8 ) are dismissed without prejudice for failure to apply to the Fourth Circuit Court of Appeals for an order authorizing this district to consider the current petition as is required by 28 U.S.C. 2244. 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. (Daniel, J) |
Filing 14
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 2/5/2019. This court adopts the Recommendation of the Magistrate Judge and Petitioner's Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody, (Doc. #1 ), and Amended Petition, (Doc. #8 ), are dismissed without prejudice for failure to apply to the Fourth Circuit Court of Appeals for an order authorizing this district to consider the current petition as is required by 28 U.S.C. 2244. 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. A Judgment dismissing this action will be entered contemporaneously with this Order. (Daniel, J)
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| Motion Submitted: #11 RECOMMENDED RULING - MAGISTRATE JUDGE to JUDGE WILLIAM L. OSTEEN, JR. (Marsh, Keah) |
| CASE REFERRED RE: #11 RECOMMENDED RULING - MAGISTRATE JUDGE, #13 Objection to Recommended Ruling, to Judge MAG/JUDGE JOE L. WEBSTER. (Marsh, Keah) |
| Filing 13 OBJECTION by Petitioner DONALD DURRANT FARROW re: #11 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Envelope front, #2 Envelope back) (Daniel, J) |
| Filing 12 Notice of Mailing Recommendation. Objections to R&R due by 12/14/2018. Objections to R&R for Pro Se due by 12/20/2018. (Butler, Carol) |
| Filing 11 RECOMMENDATION AND ORDER as to DONALD DURANT FARROW, signed by MAG/JUDGE JOE L. WEBSTER on 11/30/218. 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. ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. 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 (upon 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. (Butler, Carol) |
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ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by MAG/JUDGE JOE L. WEBSTER on 11/30/2018.See #11 .(Butler, Carol)
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| Filing 10 Case transferred in from District of North Carolina Eastern; Case Number 5:18-hc-02238. Original file certified copy of transfer order and docket sheet received. |
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Filing 9
ORDER - The court ORDERS the clerk to TRANSFER Farrow's petition to the United States District Court for the Middle District of North Carolina. The court has not conducted a frivolity review, makes no observation as to the timeliness of this petition, and has not dismissed any parties from this action. The United States District Court for the Middle District of North Carolina is better positioned to address those issues. Signed by Chief Judge Terrence W. Boyle on 11/20/2018. Copy sent via US Mail to Donald Durrant Farrow at Carteret Correctional Center. (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.]
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| CASE REFERRED for Screening (Butler, Carol) |
| Case Assigned to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Butler, Carol) |
| Filing 8 AMENDED PETITION for Writ of Habeas Corpus filed by Donald Durrant Farrow. (Attachments: #1 Document in Support, #2 Cover Letter, #3 Envelope) (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.] |
| Case Submitted to Chief Judge Terrence W. Boyle for petition review. (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.] |
| Filing 7 Notice of Change of Address filed by Donald Durrant Farrow. Petitioner is now located at Carteret Correctional Institute. (Attachment: #1 Envelope) (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.] |
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Filing 6
ORDER OF DEFICIENCY - The papers are not on the forms prescribed for use by this court. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/5/2018. Copy of order and petition form sent via US Mail to Donald Durrant Farrow at Johnston Correctional Institution. (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.]
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| Case no longer submitted to Chief Judge Terrence W. Boyle as the petition is not on the proper forms. (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.] |
| Filing 5 Prisoner Trust Fund Account Statement. (Attachments: #1 Letter, #2 Envelope) (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.] |
| Filing 4 TRUST FUND INFORMATION REQUESTED. (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.] |
| Filing 3 Letter regarding case opening sent via US Mail to Donald Durrant Farrow at Johnston Correctional Institution. (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.] |
| Case Submitted to District Judge Terrence W. Boyle for initial review. (Love, L.) [Transferred from North Carolina Eastern on 11/21/2018.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Donald Durrant Farrow. (Indig, A.) [Transferred from North Carolina Eastern on 11/21/2018.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Donald Durrant Farrow. (Attachment: #1 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 11/21/2018.] |
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