Esquivel-Lopez v. State of North Carolina
| Dorindo E. Esquivel-Lopez |
| STATE OF NORTH CAROLINA |
| 1:2021cv00216 |
| March 18, 2021 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOE L WEBSTER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 13 JUDGMENT signed by JUDGE LORETTA C. BIGGS on 04/12/2021 adopting the Magistrate Judge's Recommendation, 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 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. (Garland, Leah) |
| CASE REFERRED RE: #11 RECOMMENDED RULING - MAGISTRATE JUDGE, to JUDGE LORETTA C. BIGGS. (Blay, Debbie) |
| Filing 12 Notice of Mailing Recommendation: Objections to R&R due by 4/2/2021. Objections to R&R for Pro Se due by 4/5/2021. (Garland, Leah) |
| Filing 11 RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 03/19/2021, 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. IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. IT IS 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. (Garland, Leah) |
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 03/19/2021, 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. (Garland, Leah)
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| Filing 10 Case transferred in from District of North Carolina Eastern; Case Number 5:20-hc-02064. Original file certified copy of transfer order and docket sheet received. |
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Filing 9
ORDER transferring case to the Middle District of North Carolina. Signed by District Judge James C. Dever, III on 3/17/2021. Copy served via US Mail: Dorindo E. Esquivel-Lopez 0895208, Franklin Correctional Center, P.O. Box 155, Bunn, NC 27508. (Castania, M) [Transferred from North Carolina Eastern on 3/18/2021.]
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| Case REASSIGNED to MAG/JUDGE JOE L. WEBSTER. MAG/JUDGE JOI ELIZABETH PEAKE no longer assigned to the case. (Garland, Leah) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOI ELIZABETH PEAKE. (Garland, Leah) |
| CASE REFERRED for Screening. (Garland, Leah) |
| Filing 8 Documents in Support regarding #5 Petition for Writ of Habeas Corpus filed by Dorindo E. Esquivel-Lopez. (Attachment: #1 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 3/18/2021.] |
| Filing 7 Document: "Verified Complaint" filed by Dorindo E. Esquivel-Lopez. (Indig, A.) [Transferred from North Carolina Eastern on 3/18/2021.] |
| Filing 6 MOTION for Leave to Proceed in forma pauperis filed by Dorindo E. Esquivel-Lopez. (Indig, A.) [Transferred from North Carolina Eastern on 3/18/2021.] |
| Filing 5 CORRECTED PETITION (on the form) for Writ of Habeas Corpus filed by Dorindo E. Esquivel-Lopez. (Attachments: #1 Memorandum in Support, #2 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 3/18/2021.] |
| Case Submitted to District Judge James C. Dever III for petition review. (Indig, A.) [Transferred from North Carolina Eastern on 3/18/2021.] |
| Filing 4 "Re: Justice Reform Act Re: 2015 - 181 enactment/Expost facto of Laws" filed by Dorindo E. Esquivel-Lopez. (Attachment: #1 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 3/18/2021.] |
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Filing 3
ORDER of Deficiency. The petition is not on the forms prescribed for use by this court AND the filing fee of $5.00 was not received or application to proceed without payment of fees and affidavit was not submitted. Responses due by 5/20/2020. Signed by Magistrate Judge Robert B. Jones, Jr. on 4/29/2020. Copy of order and forms sent via US Mail to petitioner at Franklin Correctional. (Indig, A.) [Transferred from North Carolina Eastern on 3/18/2021.]
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| Filing 2 Letter regarding case opening sent via US Mail to Dorindo E. Esquivel-Lopez at Franklin Correctional Center. (Indig, A.) [Transferred from North Carolina Eastern on 3/18/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Dorindo E. Esquivel-Lopez. (Attachments: #1 NC Court of Appeals Order, #2 Envelope) (Castania, M) [Transferred from North Carolina Eastern on 3/18/2021.] |
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