KUPLEN v. PERRY

KUPLEN v. PERRY

Petitioner:	JOHN EDWARD KUPLEN
Respondent:	FRANK PERRY
Case Number:	1:2014cv00598
Filed:	July 17, 2014
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Guilford
Presiding Judge:	L. PATRICK AULD
Presiding Judge:	WILLIAM L. OSTEEN
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
July 10, 2015	Filing 34 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 07/10/2015, that the Magistrate Judge's Recommendation (Doc. 26 ) is ADOPTED. FURTHER that Respondent's Motion to Dismiss (Doc. 9 ) is GRANTED, that Pet itioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 2 ) is DENIED, and that this action is DISMISSED. FURTHER that Petitioner's pending motions (Docs. 14 , 15 and 24 ) are DENIED AS MOOT. A Judgment dismissing this action will be entered contemporaneously with this Order. Finding no substantial issue for appeal concerning the denial of a constitutional right(Taylor, Abby)
February 20, 2015	Filing 26 MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 02/20/2015. Petitioner filed the instant Petition untimely with respect to Grounds 1, 2, and 3, and Petitioner cannot rely on G round 4 as a basis for federal habeas relief. Therefore, the Court should grant Respondent's instant Motion and dismiss the Petition. RECOMMENDED that Respondent's Motion to Dismiss (Docket Entry 9 ) be granted, that the Petiti on (Docket Entry 2 ) be denied, and that Judgment be entered dismissing this action, without issuance of a certificate of appealability. FURTHER RECOMMENDED that Petitioner's pending motions (Docket Entries 14 , 15 , 24 ) be denied as moot.(Taylor, Abby)

Date Filed

Document Text

July 10, 2015

Filing 34 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 07/10/2015, that the Magistrate Judge's Recommendation (Doc. 26 ) is ADOPTED. FURTHER that Respondent's Motion to Dismiss (Doc. 9 ) is GRANTED, that Pet itioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 2 ) is DENIED, and that this action is DISMISSED. FURTHER that Petitioner's pending motions (Docs. 14 , 15 and 24 ) are DENIED AS MOOT. A Judgment dismissing this action will be entered contemporaneously with this Order. Finding no substantial issue for appeal concerning the denial of a constitutional right(Taylor, Abby)

February 20, 2015

Filing 26 MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 02/20/2015. Petitioner filed the instant Petition untimely with respect to Grounds 1, 2, and 3, and Petitioner cannot rely on G round 4 as a basis for federal habeas relief. Therefore, the Court should grant Respondent's instant Motion and dismiss the Petition. RECOMMENDED that Respondent's Motion to Dismiss (Docket Entry 9 ) be granted, that the Petiti on (Docket Entry 2 ) be denied, and that Judgment be entered dismissing this action, without issuance of a certificate of appealability. FURTHER RECOMMENDED that Petitioner's pending motions (Docket Entries 14 , 15 , 24 ) be denied as moot.(Taylor, Abby)

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Petitioner: JOHN EDWARD KUPLEN
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Respondent: FRANK PERRY
Represented By:	CLARENCE JOE DELFORGE, III
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