RANKIN BEY v. STATE OF NORTH CAROLINA
| Napoleon J. Rankin Bey |
| STATE OF NORTH CAROLINA |
| 1:2020cv01048 |
| November 19, 2020 |
| US District Court for the Middle District of North Carolina |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Filing 13 NOTICE of Docketing Record on Appeal from USCA re #11 Notice of Appeal Without Fee Payment filed by NAPOLEON J. RANKIN BEY. USCA Case Number 21-6076. Case Manager: T. Fischer. (Taylor, Abby) |
| Assembled Electronic Record Transmitted to Fourth Circuit to US Court of Appeals re #11 Notice of Appeal Without Fee Payment. 21-6076. (Taylor, Abby) |
| Filing 12 Electronic Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #11 Notice of Appeal Without Fee Payment (Taylor, Abby) |
| Filing 11 NOTICE OF APPEAL Without Fee Payment as to #10 Judgment, by NAPOLEON J. RANKIN BEY. (Attachments: #1 Envelope - Front and Back)(Taylor, Abby) |
| Filing 10 JUDGMENT signed by CHIEF JUDGE THOMAS D. SCHROEDER on 12/29/2020 adopting the Magistrate Judge's Recommendation #8 ; that the Petition is 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 and that, there being neither a 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) |
| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #8 RECOMMENDED RULING by MAGISTRATE JUDGE. (Engle, Anita) |
| Filing 9 Notice of Mailing Recommendation. Objections to R&R due by 12/15/2020. Objections to R&R for Pro Se due by 12/18/2020. (Taylor, Abby) |
| Filing 8 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/01/2020, 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 and that, there being no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, a certificate of appealability not issue. 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.(Taylor, Abby) |
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 12/01/2020, granting #5 Motion for Leave to Proceed in forma pauperis. See #8 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE. (Taylor, Abby)
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| CASE REFERRED for Screening (Taylor, Abby) |
| Filing 7 Case transferred in from District of North Carolina Eastern; Case Number 5:20-hc-02214. Original file certified copy of transfer order and docket sheet received. |
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Filing 6
ORDER - the clerk is DIRECTED to transfer the instant action to the proper venue, the United States District Court for the Middle District of North Carolina. Signed by District Judge Richard E. Myers II on 11/18/2020. Copy sent to petitioner via US Mail. (Indig, A.) [Transferred from North Carolina Eastern on 11/19/2020.]
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| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Napoleon J. Rankin Bey. (Castania, M) [Transferred from North Carolina Eastern on 11/19/2020.] |
| Filing 4 PETITION for Writ of Habeas Corpus filed by Napoleon J. Rankin Bey. (Attachment: #1 Envelope) (Castania, M) [Transferred from North Carolina Eastern on 11/19/2020.] |
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Filing 3
ORDER - The court DIRECTS the clerk to send petitioner an application to proceed without prepayment of fees and the form necessary to file a petitioner for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Signed by District Judge Richard E. Myers, II on 11/12/2020. Copy of order and forms sent to petitioner via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 11/19/2020.]
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| Case Submitted to District Judge Richard E. Myers II for petition review. (Indig, A.) [Transferred from North Carolina Eastern on 11/19/2020.] |
| Filing 2 Letter regarding case opening sent via US Mail to Napoleon J. Rankin Bey at Warren Correctional Institution. (Indig, A.) [Transferred from North Carolina Eastern on 11/19/2020.] |
| Filing 1 PETITION (not on the form) for Writ of Habeas Corpus filed by Napoleon J. Rankin Bey. (Attachments: #1 Memorandum of Law in Support, #2 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 11/19/2020.] |
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