NEAL v. FRANCIS

NEAL v. FRANCIS

Petitioner:	CHRISTOPHER LEE NEAL
Respondent:	JOYCE FRANCIS
Case Number:	1:2008cv00458
Filed:	July 7, 2008
Court:	US District Court for the Middle District of North Carolina
Office:	Habeas Corpus (General) Office
County:	XX US, Outside State
Presiding Judge:
Presiding Judge:	JAMES A. BEATY
Presiding Judge:	WALLACE W. DIXON
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2241 Petition for Writ of Habeas Corpus (Federal)

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Date Filed	Document Text
September 30, 2009	Filing 85 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 9/30/2009; that Petitioner's Objections to the Magistrate Judge's Order and Recommendation are overruled, and the Order and Recommendation [Doc. # 82 ] is affirmed and adopted; that Petiti oner's Motion for Preliminary Injunction [Doc. # 70 ], Motion for Summary Judgment [Doc. # 72 ], Motion for Judgment on the Pleadings [Doc. #903 in 2:94CR300-2], Motion for a New Trial and to Supplement the Petition [Doc. #915 in 2:94CR300-2], a nd Motion to Dismiss the Indictment or Release Petitioner on his own Recognizance [Doc. #922 in 2:94CR300-2] are DENIED. FURTHER, that the remaining claim in Petitioner's petition [Doc. # 1 ], which has been construed as a Petitioner for a Writ of Error Coram Nobis, is GRANTED, and Petitioner's conviction and sentence on Count Four is VACATED; that Petitioner be resentenced on his remaining counts of conviction and that counsel be appointed to represent Petitioner for the resentencing. A Judgment will be filed contemporaneously with this Order. (2:94CR300-2) (Lloyd, Donna)
September 15, 2009	Filing 82 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION signed by MAG/JUDGE WALLACE W. DIXON on 9/14/2009; ordering that Petitioner's motion for appointment of counsel (docket no. 58 ), motion to be present at a hearing on his petition (docket no. 59 ), motion to be released on bond pending a decision on his petition (docket no. 65 ), motion to present new evidence of false testimony by a government witness (docket no. 66 ), motion to deny Respondent an extension of time to file a response (docke t no. 69 ), motion for expedited judgment (docket no. 75 ), motion to file a new habeas petition (docket no. 81 ), motion to supplement the habeas petition (2:94CR300, docket no. 895), and motion for allocation of sentencing issues (id. docket no. 900) are DENIED. FURTHER, that Respondent's pending motions for extensions of time to file a response to the petition (docket nos. 67 , 68 ) are GRANTED; IT IS RECOMMENDED that Petitioner's motion for preliminary injunction (docket no. 70 ), motion for summary judgment (docket no. 72 ), motion for judgment on the pleadings (2:94CR300-2, docket no. 903), motion for a new trial and to supplement the petition (Id. docket no. 915), and motion to dismiss the indictment or release Peti tioner on his personal recognizance (Id. docket no. 922) be DENIED. FURTHER, that the remaining claim in the petition for habeas corpus (docket no. 1 ), which has been construed as a petition for a writ of error coram nobis, be GRANTED, that Petitioner's conviction and sentence on Count Four be vacated, that counsel be appointed, and that Petitioner be resentenced on his remaining counts of conviction. (2:94CR300-2) (Lloyd, Donna)

Date Filed

Document Text

September 30, 2009

Filing 85 ORDER signed by CHIEF JUDGE JAMES A. BEATY, JR., on 9/30/2009; that Petitioner's Objections to the Magistrate Judge's Order and Recommendation are overruled, and the Order and Recommendation [Doc. # 82 ] is affirmed and adopted; that Petiti oner's Motion for Preliminary Injunction [Doc. # 70 ], Motion for Summary Judgment [Doc. # 72 ], Motion for Judgment on the Pleadings [Doc. #903 in 2:94CR300-2], Motion for a New Trial and to Supplement the Petition [Doc. #915 in 2:94CR300-2], a nd Motion to Dismiss the Indictment or Release Petitioner on his own Recognizance [Doc. #922 in 2:94CR300-2] are DENIED. FURTHER, that the remaining claim in Petitioner's petition [Doc. # 1 ], which has been construed as a Petitioner for a Writ of Error Coram Nobis, is GRANTED, and Petitioner's conviction and sentence on Count Four is VACATED; that Petitioner be resentenced on his remaining counts of conviction and that counsel be appointed to represent Petitioner for the resentencing. A Judgment will be filed contemporaneously with this Order. (2:94CR300-2) (Lloyd, Donna)

September 15, 2009

Filing 82 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION signed by MAG/JUDGE WALLACE W. DIXON on 9/14/2009; ordering that Petitioner's motion for appointment of counsel (docket no. 58 ), motion to be present at a hearing on his petition (docket no. 59 ), motion to be released on bond pending a decision on his petition (docket no. 65 ), motion to present new evidence of false testimony by a government witness (docket no. 66 ), motion to deny Respondent an extension of time to file a response (docke t no. 69 ), motion for expedited judgment (docket no. 75 ), motion to file a new habeas petition (docket no. 81 ), motion to supplement the habeas petition (2:94CR300, docket no. 895), and motion for allocation of sentencing issues (id. docket no. 900) are DENIED. FURTHER, that Respondent's pending motions for extensions of time to file a response to the petition (docket nos. 67 , 68 ) are GRANTED; IT IS RECOMMENDED that Petitioner's motion for preliminary injunction (docket no. 70 ), motion for summary judgment (docket no. 72 ), motion for judgment on the pleadings (2:94CR300-2, docket no. 903), motion for a new trial and to supplement the petition (Id. docket no. 915), and motion to dismiss the indictment or release Peti tioner on his personal recognizance (Id. docket no. 922) be DENIED. FURTHER, that the remaining claim in the petition for habeas corpus (docket no. 1 ), which has been construed as a petition for a writ of error coram nobis, be GRANTED, that Petitioner's conviction and sentence on Count Four be vacated, that counsel be appointed, and that Petitioner be resentenced on his remaining counts of conviction. (2:94CR300-2) (Lloyd, Donna)

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Respondent: JOYCE FRANCIS
Represented By:	HELEN CAMPBEL ALTMEYER
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Petitioner: CHRISTOPHER LEE NEAL
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