DRYE v. STATE OF NORTH CAROLINA

DRYE v. STATE OF NORTH CAROLINA

Petitioner:	CHRIS DARRYL DRYE
Respondent:	STATE OF NORTH CAROLINA
Case Number:	1:2009cv00118
Filed:	February 11, 2009
Court:	U.S. District Court for the Middle District of North Carolina
Office:	Habeas Corpus (General) Office
County:	Cabarrus
Presiding Judge:	WALLACE W. DIXON
Presiding Judge:	WILLIAM L. OSTEEN JR.
Nature of Suit:	None
Cause of Action:	Federal Question
Jury Demanded By:	28:2254 Petition for Writ of Habeas Corpus (State)

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Date Filed	Document Text
September 4, 2009	Filing 19 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR., on 9/4/2009, affirming and adopting United States Magistrate Judge's Recommendation (doc. 16 ); that Petitioner's motion for summary judgment (Doc. 15 ) is denied, that Respondent's motio n to dismiss (Doc. 8 ) is granted, that the petition (Doc. 2 ) is dismissed, that this action is dismissed, and that finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is denied. (Lloyd, Donna)
May 8, 2009	Filing 16 MEMORANDUM OPINION, ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE DONALD P. DIETRICH on 5/8/2009, that Petitioner's motion for reconsideration (docket no. 5 ) and motion for a decision on the motion for reconsid eration (docket no. 14 ) are denied and that Petitioner's motion to amend (docket no. 6 ) is granted, and that Alvin W. Keller, Jr. is now the Respondent in the case. IT IS RECOMMENDED that Petitioner's motion for summary judgment (docket no. 15 ) be denied. IT IS FURTHER RECOMMENDED that Respondent's motion to dismiss (docket no. 8 ) be granted, that the petition (docket no. 2 ) be dismissed, and that Judgment be entered dismissing this action. (Lloyd, Donna)

Date Filed

Document Text

September 4, 2009

Filing 19 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR., on 9/4/2009, affirming and adopting United States Magistrate Judge's Recommendation (doc. 16 ); that Petitioner's motion for summary judgment (Doc. 15 ) is denied, that Respondent's motio n to dismiss (Doc. 8 ) is granted, that the petition (Doc. 2 ) is dismissed, that this action is dismissed, and that finding no substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is denied. (Lloyd, Donna)

May 8, 2009

Filing 16 MEMORANDUM OPINION, ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE DONALD P. DIETRICH on 5/8/2009, that Petitioner's motion for reconsideration (docket no. 5 ) and motion for a decision on the motion for reconsid eration (docket no. 14 ) are denied and that Petitioner's motion to amend (docket no. 6 ) is granted, and that Alvin W. Keller, Jr. is now the Respondent in the case. IT IS RECOMMENDED that Petitioner's motion for summary judgment (docket no. 15 ) be denied. IT IS FURTHER RECOMMENDED that Respondent's motion to dismiss (docket no. 8 ) be granted, that the petition (docket no. 2 ) be dismissed, and that Judgment be entered dismissing this action. (Lloyd, Donna)

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Petitioner: CHRIS DARRYL DRYE
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Respondent: STATE OF NORTH CAROLINA
Represented By:	CLARENCE JOE DELFORGE, III
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