HERNANDEZ v. STEIN et al
| CARLOS HERNANDEZ and RA SAADI LENNOX HERNANDEZ EL |
| JOSHUA H. STEIN, JAMIE BULLARD and NORTH CAROLINA DEPARTMENT OF ADULT CORRECTION |
| 1:2024cv00367 |
| May 2, 2024 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Habeas Corpus (General) |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on June 10, 2024. A more recent docket listing may be available from PACER.
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Filing 10
ORDER AND JUDGMENT, that this action is dismissed sua sponte without prejudice to the petitioner filing a new petition which corrects the defects cited in the Magistrate Judge's Recommendation and which is not conclusory. The petitioner's application to proceed IFP, Doc. #9 , is GRANTED for the purpose of this petition but otherwise DENIED. A certificate of appealability shall not issue. Signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 06/10/2024. (at)
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ORDER that petitioner's application to proceed IFP, Doc. #9 , is GRANTED for the purpose of this petition but otherwise DENIED. Signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 06/10/2024. (at)
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| Filing 9 APPLICATION to Proceed IFP filed by CARLOS HERNANDEZ. (Attachments: #1 Envelope - Front and Back)(cb) |
| Filing 8 OBJECTION TO RECOMMENDED RULING - MAGISTRATE JUDGE re #6 Recommended Ruling - Magistrate Judge entitled "Affidavit Notice and Demand Amend", filed by Petitioner CARLOS HERNANDEZ. Response to Objections to R&R due by 6/14/2024. (Attachments: #1 Envelope - Front and Back)(cb) |
| CASE REFERRED RE: #6 RECOMMENDED RULING - MAGISTRATE JUDGE to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES (rw) |
| Filing 7 Notice of Mailing Recommendation. Objections to R&R due by 5/21/2024. Objections to R&R for Pro Se due by 5/24/2024. (at) |
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Filing 6
ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 05/07/2024, 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 filed, but then dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition. (at)
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ORDER signed by MAG/JUDGE L. PATRICK AULD on 05/07/2024, granting #2 Motion for Leave to Proceed in forma pauperis for the sole purpose of entering this Order and Recommendation. (at)
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| CASE REFERRED for Screening (cb) |
| Case Assigned to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (cb) |
| Filing 5 Case transferred in from District of North Carolina Eastern; Case Number 5:24-hc-02086. Original file certified copy of transfer order and docket sheet received. |
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Filing 4
ORDER - In the interest of justice, 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 5/1/2024. Copy of Order sent to Petitioner via US Mail. (Hardy, Shari) [Transferred from North Carolina Eastern on 5/2/2024.]
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| Filing 3 Letter regarding case opening sent via US Mail to Carlos Hernandez #1283638 at Tabor Correctional Institution (Hardy, Shari) [Transferred from North Carolina Eastern on 5/2/2024.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Carlos Hernandez. (Indig, A.) [Transferred from North Carolina Eastern on 5/2/2024.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Carlos Hernandez. (Attachments: #1 Documents in Support, #2 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 5/2/2024.] |
| Case Submitted to District Judge Terrence W. Boyle for petition review. (Hardy, Shari) [Transferred from North Carolina Eastern on 5/2/2024.] |
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