SMITH v. STATE OF NORTH CAROLINA
SHERMAN L. SMITH |
STATE OF NORTH CAROLINA |
1:2022cv00695 |
August 23, 2022 |
US District Court for the Middle District of North Carolina |
CATHERINE C EAGLES |
JOE L WEBSTER |
Habeas Corpus (General) |
28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
None |
Docket Report
This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 ORDER AND JUDGMENT signed by JUDGE CATHERINE C. EAGLES on 09/27/2022, that this action is filed and dismissed sua sponte without prejudice to the petitioner filing a new petition, on the proper 2254 forms, which corrects the defects cited in the Magistrate Judge's Recommendation. The new petition must be accompanied by either the five-dollar filing fee or a current application to proceed in forma pauperis. A certificate of appealability shall not issue. (Bowers, Alexis) |
CASE REFERRED RE: #5 RECOMMENDED RULING - MAGISTRATE JUDGE to JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
Filing 6 Notice of Mailing Recommendation: Objections to R&R due by 9/8/2022. Objections to R&R for Pro Se due by 9/12/2022. (Garland, Leah) |
Filing 5 ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 08/25/2022, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Petitioner 2254 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. 2254 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 file-dollar filling fee or a current application to proceed in forma pauperis. (Garland, Leah) |
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 08/25/2022, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. (Garland, Leah) |
CASE REFERRED for Screening (Butler, Carol) |
Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Butler, Carol) |
Filing 4 Case transferred in from District of North Carolina Eastern; Case Number 5:22-hc-02147. Original file certified copy of transfer order and docket sheet received. |
Filing 3 ORDER - The court ORDERS the clerk to TRANSFER the petition to the United States District Court for the Middle District of North Carolina, the district where venue is proper. Signed by District Judge Terrence W. Boyle on 8/22/2022. Copy of order sent to petitioner via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 8/23/2022.] |
Filing 2 Letter regarding case opening sent via US Mail to Petitioner at Franklin Correctional. (Indig, A.) [Transferred from North Carolina Eastern on 8/23/2022.] |
Filing 1 PETITION (in letter form) for Writ of Habeas Corpus filed by Sherman L. Smith. (Attachments: #1 Documents in Support, #2 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 8/23/2022.] |
Case Submitted to District Judge Terrence W. Boyle for petition review. (Indig, A.) [Transferred from North Carolina Eastern on 8/23/2022.] |
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Petitioner: SHERMAN L. SMITH | |
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Respondent: STATE OF NORTH CAROLINA | |
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