CLINTON v. STEIN
| REGINALD DEVORE CLINTON |
| JOSH STEIN |
| 1:2021cv00224 |
| March 19, 2021 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| THOMAS D SCHROEDER |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Filing 6 USCA Order denying Motion for authorization to file successive habeas application for relief under 28 U.S.C. 2254 (Local Rule 22(d) as to REGINALD DEVORE CLINTON. USCA Case #21-168. (Daniel, J) |
| USCA NOTICE of 2244 case docketed as to REGINALD DEVORE CLINTON. USCA Case Manager: JMoore; USCA Case #21-168. (Daniel, J) |
Filing 5
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 4/20/2021. The court adopts the Magistrate Judges Recommendation and the Petition is dismissed for failure to apply to the United States Court of Appeals for the Fourth Circuit for an order authorization 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. (Daniel, J)
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| CASE REFERRED to CHIEF JUDGE THOMAS D. SCHROEDER RE: #3 RECOMMENDED RULING by MAGISTRATE JUDGE re #2 Petition for Writ of Habeas Corpus filed by REGINALD DEVORE CLINTON. (Engle, Anita) |
| Filing 4 Notice of Mailing Recommendation. Objections to R&R due by 4/8/2021. Objections to R&R for Pro Se due by 4/12/2021. (Butler, Carol) |
| Filing 3 RECOMENDATION AND ORDER as to REGINALD DEVORE CLINTON, signed by MAG/JUDGE L. PATRICK AULD on 3/25/21. 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 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 notissue.IT IS THEREFORE ORDERED that in forma pauperis status is granted for the sole purpose of entering this Recommendation and Order. FURTHER ORDERED that the Clerk shall return the $5.00 filing fee and 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. Re #2 Petition for Writ of Habeas Corpus.(Butler, Carol) |
| Receipt of Funds in the amount of $5.00. Receipt Number: NCM053703. (Butler, Carol) |
| CASE REFERRED for Screening (Butler, Carol) |
| Filing 2 PETITION for Writ of Habeas Corpus, filed by REGINALD DEVORE CLINTON. (Attachments: #1 Envelope - Front and Back)(Butler, Carol) |
| Filing 1 APPLICATION to Proceed IFP by REGINALD DEVORE CLINTON. (Butler, Carol) |
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| Respondent: JOSH STEIN | |
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| Petitioner: REGINALD DEVORE CLINTON | |
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