AZAR EL v. HALE et al
| RASHAUD HUSSEIN AZAR EL |
| JAXSON HALE and UNIT MANAGER DENISE JACKSON |
| 1:2022cv00998 |
| November 21, 2022 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| 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
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This docket was last retrieved on January 6, 2023. A more recent docket listing may be available from PACER.
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Filing 10
ORDER and Judgment,signed by JUDGE CATHERINE C. EAGLES on 01/06/2023, that this action is construed as a habeas petition under 28 U.S.C. 2254 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.(Taylor, Abby)
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| CASE REFERRED RE: #7 RECOMMENDED RULING - MAGISTRATE JUDGE to JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
| Filing 9 Envelope Containing #7 ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, #8 Notice of Mailing Recommendation addressed to RASHAUD HUSSEIN AZAR EL #1016630, CENTRAL PRISON, 1300 WESTERN BLVD., RALEIGH, NC 27606 returned to court by postal service, marked undeliverable because "Out to Court". (Carter, Alexus) |
| Filing 8 Notice of Mailing Recommendation. Objections to R&R due by 12/20/2022. Objections to R&R for Pro Se due by 12/27/2022. (Carter, Alexus) |
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Filing 7
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 12/6/2022; that in forma pauperis status is granted for the solepurpose 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 FURTHER ORDERED that Petitioner's Motion (Docket Entry #4 ) seeking to add respondents is denied. 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 five-dollar filing fee or a current application to proceed in forma pauperis. (Carter, Alexus)
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| CASE REFERRED for Screening (Taylor, Abby) |
| Case Assigned to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Taylor, Abby) |
| Filing 6 Case transferred in from District of North Carolina Western; Case Number 3:22-cv-00372. Original file certified copy of transfer order and docket sheet received. |
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Filing 5
ORDER: This action is transferred to the Middle District of North Carolina for further proceedings, including ruling on any pending motions. The Clerk is instructed to terminate this action. Signed by Chief Judge Martin Reidinger on 11/21/2022. (Pro se litigant served by US Mail.) (maf) [Transferred from North Carolina Western on 11/21/2022.]
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| Filing 4 Pro Se MOTION to Amend #1 Petition for Writ of Habeas Corpus by Rashaud Hussein Azar El. Responses due by 9/26/2022 (Attachments: #1 Envelope) (tlj) [Transferred from North Carolina Western on 11/21/2022.] |
| Filing 3 MOTION (Sealed - Participants) to Proceed in forma pauperis by Rashaud Hussein Azar El. (Attachments: #1 Envelope) (tlj) [Transferred from North Carolina Western on 11/21/2022.] |
| Filing 2 NOTICE OF DEFICIENCY regarding #1 Petition for Writ of Habeas Corpus. The filing fee of 5.00 was not received or application to proceed without payment of fees and affidavit was not submitted. Application or Fee due by 8/31/2022. (ef) [Transferred from North Carolina Western on 11/21/2022.] |
| Filing 1 Pro Se PETITION for Writ of Habeas Corpus (State), filed by Rashaud Hussein Azar El. (Attachments: #1 Envelope)(ef) [Transferred from North Carolina Western on 11/21/2022.] |
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