Newby v. Clarke
| Don Newby |
| United States, Harold Clarke and Unknown |
| 3:2018cv00714 |
| October 17, 2018 |
| US District Court for the Eastern District of Virginia |
| John A Gibney |
| Roderick C Young |
| Mandamus & Other |
| 28 U.S.C. ยง 1651 |
| None |
Docket Report
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| Document Text |
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| Filing 8 CONSENT to Jurisdiction by U.S. Magistrate Judge by Don Newby. (walk, ) |
| Filing 7 MOTION and Affidavit in Support by Don Newby to Proceed In Forma Pauperis. (walk, ) |
Filing 6
MEMORANDUM ORDER that 2254 petition is CONDITIONALLY FILED; Clerk directed to process Petitioners motion for leave to proceed in forma pauperis; if not previously submitted, failure of Petitioner to return completed in forma pauperis affidavit or the $5.00 filing fee within fifteen (15) days will result in dismissal of action. Petitioner moves for an extension of time to file his 2254 Petition. The motion #3 is GRANTED. Clerk to obtain certified copy of Petitioner's trust fund account for six (6) month period immediately preceding the initiation of this action. The Clerk is DIRECTED to send Petitioner a Consent to Proceed Before a United States Magistrate form. Petitioner shall complete and return the form to the Clerk ONLY if Petitioner consents to the jurisdiction of the United States Magistrate Judge within fifteen (15) days of the date of entry hereof. See Order for details and deadline. Signed by Magistrate Judge Roderick C. Young on 11/19/2018. Copy of this Memorandum Order, IFP Form and Consent to Magistrate Judge mailed to Petitioner. Trust Account form mailed to institution. (ccol, )
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| Filing 5 Memorandum of Law to #4 Petition for Writ of Habeas Corpus (2254) filed by Don Newby. (Attachments: #1 Envelope)(tjoh, ) |
| Filing 4 PETITION for Writ of Habeas Corpus, filed by Don Newby. (Attachments: #1 exhibits, #2 Envelope)(tjoh, ) |
| Filing 3 MOTION for Extension of Time by Don Newby. (Attachments: #1 Envelope) (smej, ) |
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Filing 2
MEMORANDUM ORDER. If Petitioner wishes to proceed pursuant to 28 U.S.C. 2254, he must file a petition for a writ of habeas corpus on the proper forms. The Clerk is DIRECTED to write the civil action number for the present action on the forms and SEND the forms to Petitioner. If Petitioner wishes to proceed under 28 U.S.C. 2254, he must complete and return the forms to the Court within twenty (20) days of the date of entry hereof. In the alternative, Petitioner may file, within twenty (20) days of the date of entry hereof, a motion to withdraw this action. If Petitioner fails to take any action within that time, the Court will dismiss the action without prejudice. See Fed. R. Civ. P. 41(b). See Order for details. It is SO ORDERED. Signed by Magistrate Judge Roderick C. Young on 10/26/2018. Memorandum Order along with the 28 U.S.C. 2254 form were mailed to Petitioner. (sbea, )
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| Filing 1 WRIT OF CORAM NOBIS against United States, filed by Don Newby. (Attachments: #1 Supporting Doc., #2 Criminal Cover Sheet).(ccol, ) |
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