JOYCE v. HERRING
| EDWIN WAYNE JOYCE |
| SUPERINTENDANT JOHN HERRING |
| 1:2019cv00092 |
| January 16, 2019 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 5 JUDGMENT signed by JUDGE WILLIAM L. OSTEEN, JR on 02/19/2019 adopting the Magistrate Judge's Recommendation, that Petitioners Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. #2 ) is hereby 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. (Garland, Leah) |
| CASE REFERRED re: #3 RECOMMENDED RULING - MAGISTRATE JUDGE re #2 Petition for Writ of Habeas Corpus filed by EDWIN WAYNE JOYCE, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 4 Notice of Mailing Recommendation. Objections to R&R due by 2/7/2019. Objections to R&R for Pro Se due by 2/11/2019. (Butler, Carol) |
| Filing 3 RECOMMENDATION AND ORDER as to EDWIN WAYNE JOYCE, signed by MAG/JUDGE L. PATRICK AULD on 1/24/2019. 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 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 theoriginal and two copies of the 2254 petition which can be submitted in this Court if Petitioner obtains approval from the Fourth Circuit. (Butler, Carol) |
ORDER granting #1 Motion for Application to Proceed IFP. Signed by MAG/JUDGE L. PATRICK AULD on 1/24/2019. See #3 .(Butler, Carol)
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| CASE REFERRED for Screening (Butler, Carol) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by EDWIN WAYNE JOYCE. (Attachments: #1 Envelope - Front and Back)(Butler, Carol) |
| Filing 1 APPLICATION to Proceed IFP by EDWIN WAYNE JOYCE. (Butler, Carol) |
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| Respondent: SUPERINTENDANT JOHN HERRING | |
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| Petitioner: EDWIN WAYNE JOYCE | |
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