Azar El v. Hale et al

Filing 5

ORDER: This action is transferred to the Middle District of North Carolina for further proceedings, including ruling on any pending motions. The Clerk is instructed to terminate this action. Signed by Chief Judge Martin Reidinger on 11/21/2022. (Pro se litigant served by US Mail.) (maf)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:22-cv-00372-MR
RASHAUD HUSSEIN AZAR El,
a/k/a Jerimy Love,
Petitioner,

)
)
)
)
vs.
)
)
JAXSON HALE, DENISE JACKSON, )
Warden at Central Prison,
)
)
Respondents.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Petition for Writ of Habeas
Corpus, filed on August 8, 2022 pursuant to 28 U.S.C. § 2254 by Petitioner
Rashaud Hussein Azar El (a/k/a Jerimy Love). [Doc. 1].
Rashaud Hussein Azar El (a/k/a Jerimy Love)(“the Petitioner”) is a
prisoner of the State of North Carolina, presently incarcerated at Central
Prison in Raleigh, North Carolina. The Petitioner seeks to be discharged
from imprisonment and appears to take issue with a pending criminal matter
in Cabarrus County, North Carolina. [Doc. 1].
State prisoner habeas corpus petitions may be brought either in the
federal judicial district in which the state court of the conviction is located or
in the district of confinement. See 28 U.S.C. § 2241(d). The Petitioner seeks
to challenge his imprisonment for a pending criminal matter in Cabarrus

Case 3:22-cv-00372-MR Document 5 Filed 11/21/22 Page 1 of 2

County, which is located in the Middle District of North Carolina.

In

accordance with 28 U.S.C. § 2241(d) and joint order of the United States
District Courts for the Eastern, Middle and Western Districts of North
Carolina (Joint Order, In re: Applications for Writs of Habeas Corpus (Oct.
26, 1966)), the Court shall transfer this action to the United States District
Court for the Middle District of North Carolina.
This Court has not conducted an initial review of the petition and makes
no observation as to its merits or timeliness.
IT IS, THEREFORE, ORDERED that:
1. This action is transferred to the Middle District of North Carolina for
further proceedings, including ruling on any pending motions.
2. The Clerk is instructed to terminate this action.
IT IS SO ORDERED.

Signed: November 21, 2022

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