Aparicio v. Department of Homeland Security et al
| Antonio H. Aparicio |
| Department of Homeland Security and ICE/DRO |
| 5:2023cv00069 |
| May 17, 2023 |
| US District Court for the Western District of North Carolina |
| Martin Reidinger |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
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| Filing 10 Case transferred in from District of North Carolina Eastern; Case Number 5:23-hc-02020. Original electronic file and docket sheet received. |
Filing 9
ORDER - Petitioner's challenge to his ICE detainer pursuant to 2241 is DISMISSED without prejudice. Petitioner's remaining claims are cognizable, if at all, in a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. The court, however, has not formally converted the instant petition into a 2254 petition as the Western District of North Carolina would be the more appropriate forum to address the issue. The Clerk of Court is DIRECTED to transfer the remainder of petitioner's habeas petition to the Western District of North Carolina. Signed by District Judge Terrence W. Boyle on 5/16/2023. (Powers, S.) [Transferred from North Carolina Eastern on 5/17/2023.]
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| Pro Se Law Clerk Referral to PSLC: 4 (rth) |
| Case assigned to Chief Judge Martin Reidinger. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Filing 8 Document requesting confirmation of receipt of deficiency and filing fee filed by Antonio H. Aparicio. (Attachment: #1 Envelope) (copy of docket sheet sent to petitioner via U.S. Mail.) (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
| Filing 7 MOTION for Leave to Proceed in forma pauperis filed by Antonio H. Aparicio. (Attachment: #1 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
| Filing 6 PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 500002432.) filed by Antonio H. Aparicio. (Attachments: #1 Documents in support, #2 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
| Filing fee: $5.00, receipt number 500002432. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
| Case Submitted to District Judge Terrence W. Boyle for initial review. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
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Filing 5
ORDER - GRANTING #4 Motion for Extension of Time. Plaintiff shall respond to the deficiency order by no later than Friday, March 10, 2023. Signed by Magistrate Judge Robert B. Jones, Jr., on 2/13/2023. Copy of order sent to petitioner via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.]
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| Filing 4 MOTION for Extension of Time to correct deficiencies filed by Antonio H. Aparicio. (Attachment: #1 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
| Motion Referred to US Magistrate Judge Robert B. Jones, Jr., regarding #4 MOTION for Extension of Time to correct deficiencies. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
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Filing 3
ORDER of Deficiency. The petition is not on the forms prescribed for use by this court. The filing fee of $5.00 was not received or application to proceed without payment of fees and affidavit was not submitted. Responses due by 2/17/2023. Signed by Magistrate Judge Robert B. Jones, Jr., on 1/27/2023. Copy of order and forms sent to petitioner via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.]
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| Filing 2 Letter regarding case opening sent via US Mail to Antonio H. Aparicio at Nash Correctional Institution. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Antonio H. Aparicio. (Attachments: #1 Documents in support, #2 Envelope) (Poole, A) [Transferred from North Carolina Eastern on 5/17/2023.] |
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