No. 18-7898

Latwang Janell Reid El Bey v. North Carolina, et al.

Lower Court: North Carolina
Docketed: 2019-02-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion civil-procedure civil-rights conflict-of-interest due-process habeas-corpus judicial-discretion right-to-be-heard standing temporary-restraining-order
Latest Conference: 2019-03-15
Question Presented (from Petition)

1) Did Judge MILTON F. FITCH, TR. err by denying the petitioner the right to a hearing and the opportunity to be heard when the petitioner filed for a Show Cause order with the Motion for a preliminary Injunction / Temporary Restraining order.

2) Did Judge MILTON F. FITCH, TR. commit an "abuse of discretion" by entering a judgement upon a "writ of habeas Corpus" while denying the petitioner a hearing and the opportunity to be heard when the petitioner is challenging the illegal denial of his "imprisonment and the courts jurisdiction.

3) Did Judge MILTON F. FITCH, TR. err by entering a judgement that is clearly in "Conflict of Interest" with the "summons" issued by the clerk of Court ordering the defendants to answer the plaintiffs complaint within 30 days after proper service of process had been executed.

Question Presented (AI Summary)

Did Judge MILTON F. FITCH, JR. err by denying the petitioner the right to a hearing and the opportunity to be heard?

Docket Entries

2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-26
Waiver of right of respondent State of North Carolina to respond filed.
2018-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2019)

Attorneys

Latwang Janell Reid El Bey
Latwang Janell Reid El Bey — Petitioner
State of North Carolina
Daniel Patrick O'BrienNC Department of Justice, Respondent