VANG v. THE STATE OF NORTH CAROLINA
| KENG VANG |
| THE STATE OF NORTH CAROLINA |
| 1:2019cv00920 |
| September 9, 2019 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| WILLIAM L OSTEEN |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on October 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 4 JUDGMENT signed by JUDGE WILLIAM L. OSTEEN, JR on 10/15/2019 adopting the Magistrate Judge's Recommendation #2 ; that, pursuant to 28 U.S.C. 1455(b)(4), Plaintiff's criminal case is remanded to the General Court of Justice, Superior Court Division, Rowan County, North Carolina. FURTHER that Plaintiff's document, (Doc. #1 ), is construed as a civil rights action pursuant to 42 U.S.C. 1983, and that, to the extent that Plaintiff's filing may be an attempt at a civil or habeas corpus action in this court, this action is hereby dismissed without prejudice to Plaintiff filing a new complaint or habeas petition, on the proper forms, correcting the defects set out in the Order and Recommendation. (Sheets, Jamie) |
| CASE REFERRED re: #2 RECOMMENDED RULING - MAGISTRATE JUDGE re #1 Complaint filed by KENG VANG, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 3 Notice of Mailing Recommendation: Objections to R&R due by 10/1/2019. Objections to R&R for Pro Se due by 10/4/2019. (Garland, Leah) |
Filing 2
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 09/17/2019, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Plaintiff 1983 forms, instructions, an application to proceed in forma pauperis, and a copy of pertinent parts of Fed. R. Civ. P. 8 (i.e., Sections (a) & (d)). IT IS RECOMMENDED that, pursuant to 28 U.S.C. 1455(b)(4), Plaintiff's criminal case be remanded to the General Court of Justice, Superior Court Division, Rowan County, North Carolina. IT IS FURTHER RECOMMENDED that, to the extent that Plaintiff's filing may be an attempt at a civil or habeas corpus action in this Court, the action be dismissed sua sponte without prejudice to Plaintiff filing a new complaint or habeas petition, on the proper forms, which corrects the defects cited above. (Garland, Leah)
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ORDER signed by MAG/JUDGE L. PATRICK AULD on 09/17/2019. (Garland, Leah)
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| CASE REFERRED for Screening. (Garland, Leah) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE L. PATRICK AULD. (Garland, Leah) |
| Filing 1 COMPLAINT against THE STATE OF NORTH CAROLINA, filed by KENG VANG. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) |
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| Defendant: THE STATE OF NORTH CAROLINA | |
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| Plaintiff: KENG VANG | |
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