BLACK v. COOPER
| MARTINEZ ORLANDIS BLACK |
| BILLY COOPER |
| 1:2023cv00920 |
| October 27, 2023 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| 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 December 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER AND JUDGMENT signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 12/18/2023 adopting the Magistrate Judge's Recommendation; that this action is dismissed sua sponte without prejudice to the petitioner filing a new petition, on the proper forms and after exhausting his state court remedies, which corrects the defects cited in the Magistrate Judge's Recommendation. A certificate of appealability shall not issue. (sh)
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| CASE REFERRED RE: #5 RECOMMENDED RULING - MAGISTRATE JUDGE to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES (rw) |
| Filing 6 Notice of Mailing Recommendation. Objections to R&R due by 11/28/2023. Objections to R&R for Pro Se due by 12/1/2023. (sh) |
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Filing 5
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/14/2023; ORDERED 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. RECOMMENDED that this action be dismissed sua sponte without prejudice to Petitioner filing a new petition after exhaustion of his state court remedies. (sh)
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ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/14/2023. (sh)
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| CASE REFERRED for Screening (Butler, Carol) |
| Filing 4 Case transferred in from District of North Carolina Eastern; Case Number 5:23-hc-02240. Original file certified copy of transfer order and docket sheet received. |
| Case Assigned to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Butler, Carol) |
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Filing 3
ORDER - The entire record in this matter is hereby transferred to the United States District Court for the Middle District of North Carolina, the district within which the state court convicted and sentenced petitioner, for all further proceedings. A copy of the order shall be sent to the petitioner. Signed by Peter A. Moore, Jr., Clerk of Court on 10/26/2023. Copy of Order sent to Petitioner via US Mail. (Powers, S.) [Transferred from North Carolina Eastern on 10/27/2023.]
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| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Martinez Orlandis Black. (Indig, A.) [Transferred from North Carolina Eastern on 10/27/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Martinez Orlandis Black. (Attachments: #1 Cover Letter, #2 Envelope) Copy sent with SASE provided. (Indig, A.) [Transferred from North Carolina Eastern on 10/27/2023.] |
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| Petitioner: MARTINEZ ORLANDIS BLACK | |
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| Respondent: BILLY COOPER | |
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