STANBACK v. STATE OF NORTH CAROLINA
| ROBERT ANTWAIN STANBACK |
| STATE OF NORTH CAROLINA |
| 1:2023cv00690 |
| August 14, 2023 |
| 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
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 4
ORDER AND JUDGMENT signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 9/29/2023; that this 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 required by 28 U.S.C. 2244. A certificate of appealability shall not issue. (Hicks, Samantha)
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| CASE REFERRED RE: #2 RECOMMENDED RULING - MAGISTRATE JUDGE to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES (Winchester, Robin) |
| Filing 3 Notice of Mailing Recommendation. Objections to R&R due by 8/31/2023. Objections to R&R for Pro Se due by 9/5/2023. (Hicks, Samantha) |
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Filing 2
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 8/17/2023; 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 not issue. ORDERED 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 seeks to file in this Court and obtains approval from the Fourth Circuit after completing any state court appeals. (Hicks, Samantha)
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ORDER signed by MAG/JUDGE JOE L. WEBSTER on 8/17/2023; that in forma pauperis status is granted for the sole purpose of entering #2 Recommendation and Order. (Hicks, Samantha)
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| CASE REFERRED for Screening. (Garland, Leah) |
| Case ASSIGNED to CHIEF JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Garland, Leah) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by ROBERT ANTWAIN STANBACK. (Attachments: #1 Envelope - Front and Back) (Garland, Leah) |
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| Petitioner: ROBERT ANTWAIN STANBACK | |
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| Respondent: STATE OF NORTH CAROLINA | |
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