Tolbert v. Neely

Filing 3

ORDER that the administrator of Hoke Correctional Institution, forward this Order to Petitioner or to the North Carolina Parole Commission for forwarding to Petitioner. Petitioner must inform the Court whether he wishes to pursue this action and must update his address within (30) days of the date of this Order. Signed by Chief Judge Robert J. Conrad, Jr on 1/17/2012. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-347-RJC
ERIC LAMAR TOLBERT,
Petitioner,
v.
RICHARD NEELY,
Respondent.

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ORDER

THIS MATTER comes before the Court on initial review of a Petition under 28 U.S.C.
§ 2254 for a Writ of Habeas Corpus. (Doc. No. 1).
Rule 4 of the Rules Governing § 2254 Cases directs habeas courts to promptly examine
habeas petitions. 28 U.S.C.A. foll. § 2254. When it plainly appears from any such petition and
any attached exhibits that the petitioner is not entitled to relief, the reviewing court must dismiss
the motion. Id.
Petitioner was released from custody on November 6, 2011, but has yet to update this
Court with his new address. Petitioner is ordered to inform the Court whether he wishes to
pursue this action and update his address within thirty (30) days of the date of this Order.
Failure to obey this Order will result in dismissal. The Court requests that Lynn Summers, Jr.,
administrator of Hoke Correctional Institution, forward this Order to Petitioner or to the North
Carolina Parole Commission for forwarding to Petitioner.
IT IS, THEREFORE, ORDERED that:
1.

Petitioner must inform the Court whether he wishes to pursue this action and must
update his address within thirty (30) days of the date of this Order.

Signed: January 17, 2012

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