SYLVESTER v. DAVIDSON COUNTY
| PATRICK SHAWN SYLVESTER |
| DAVIDSON COUNTY |
| 1:2021cv00150 |
| February 22, 2021 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 4 JUDGMENT as to PATRICK SHAWN SYLVESTER,signed by JUDGE WILLIAM L. OSTEEN, JR on 4/2/21, adopting the Magistrate Judge's Recommendation that Petitioners Letter, (Doc. #1 ), in which he seeks to attack his pending state court charges, is construed as a Petition for a Writ of Habeas Corpus under 28 U.S.C. 2241, and that this action is hereby DISMISSED WITHOUT PREJUDICE to Petitioner filing a new petition, correcting the defects set out in the Order and Recommendation. The new petition must be accompanied by either the five dollar filing fee or a current application to proceed in forma pauperis. Re: #2 Order and Recommendation. (Butler, Carol) Modified on 4/22/2021 to reflect #2 2 Order and Recommendation.(Butler, Carol) |
| CASE REFERRED re: #2 RECOMMENDED RULING - MAGISTRATE JUDGE re #1 Petition for Writ of Habeas Corpus filed by PATRICK SHAWN SYLVESTER, to JUDGE WILLIAM L. OSTEEN, JR. (Welch, Kelly) |
| Filing 3 Notice of Mailing Recommendation: Objections to R&R due by 3/12/2021. Objections to R&R for Pro Se due by 3/15/2021. (Garland, Leah) |
Filing 2
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 02/26/2021, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Petitioner 2241 forms, instructions, and a current application to proceed in forma pauperis. IT IS RECOMMENDED that this action be construed as a habeas petition under 28 U.S.C. 2241 and dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition. The new petition must be accompanied by either the five dollar filing fee or a current application to proceed in forma pauperis. (Garland, Leah)
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ORDER signed by MAG/JUDGE JOE L. WEBSTER on 02/26/2021, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Petitioner 2241 forms, instructions, and a current application to proceed in forma pauperis. (Garland, Leah)
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| CASE REFERRED for Screening. (Garland, Leah) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Garland, Leah) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by PATRICK SHAWN SYLVESTER. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) |
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