Mabery v. Garrison

BUTLER, Chief Judge.

Plaintiff, Fred Mabery, a state prisoner, has been granted leave to file in forma pauperis a civil rights action pursuant to 42 U.S.C. § 1983 seeking a declaratory judgment, injunctive relief, and damages. The gravamen of Mabery’s complaint is his allegation that he was removed from North Carolina and transported to New York, incommunicado, for trial on New York charges without being afforded procedural due process and in violation of 18 U.S.C. § 3182 and N.C.G.S. § 148-89 [North Carolina’s codification of the Interstate Agreement on Detainers],

FACTS

Mabery was convicted of…