CEARLEY v. KELLER

CEARLEY v. KELLER

Petitioner:	JACKIE RAY CEARLEY
Respondent:	ALVIN KELLER
Case Number:	1:2009cv00397
Filed:	June 1, 2009
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Yadkin
Presiding Judge:	DONALD P. DIETRICH
Presiding Judge:	UNASSIGNED
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
September 26, 2014	Filing 43 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 09/26/2014, that the Magistrate Judge's Recommendation (Doc. 36 ) is ADOPTED. FURTHER that Respondent's Motion for Summary Judgment (Doc. 5 ) is GRANTED, t hat Petitioner's Motion for Partial Summary Judgment (Doc. 15 ) and Motion for Judgment on the Pleadings (Doc. 31 ) are DENIED, that the Petition (Doc. 1 ) is DENIED, and that this action is DISMISSED. A Judgment dismissi ng this action will be entered contemporaneously with this Order. 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 not issued. (Taylor, Abby)
June 11, 2014	Filing 36 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 06/11/2014. ORDERED that Petitioner's Request for Leave to Conduct Discovery (Docket Entry 12 ) is DENIED and Petitioner's Motion for Expedition on the Pleadings (Docket Entry 34 ) is DENIED AS MOOT. FURTHER that the Clerk shall refer Petitioner's Motion for Consolidation of Defenses (Docket Entry 29 ) to the assi gned United States District Judge, as an Objection to the Text Order dated August 1, 2012. RECOMMENDED that Respondent's Motion for Summary Judgment (Docket Entry 5 ) be granted, that Petitioner's Motion for Partial Summary Judgmen t (Docket Entry 15 ) and Motion for Judgment on the Pleadings (Docket Entry 31 ) be denied, that the Petition (Docket Entry 1 ) be denied, and that Judgment be entered dismissing this action without issuance of a certificate of appealability.(Taylor, Abby)

Date Filed

Document Text

September 26, 2014

Filing 43 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 09/26/2014, that the Magistrate Judge's Recommendation (Doc. 36 ) is ADOPTED. FURTHER that Respondent's Motion for Summary Judgment (Doc. 5 ) is GRANTED, t hat Petitioner's Motion for Partial Summary Judgment (Doc. 15 ) and Motion for Judgment on the Pleadings (Doc. 31 ) are DENIED, that the Petition (Doc. 1 ) is DENIED, and that this action is DISMISSED. A Judgment dismissi ng this action will be entered contemporaneously with this Order. 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 not issued. (Taylor, Abby)

June 11, 2014

Filing 36 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 06/11/2014. ORDERED that Petitioner's Request for Leave to Conduct Discovery (Docket Entry 12 ) is DENIED and Petitioner's Motion for Expedition on the Pleadings (Docket Entry 34 ) is DENIED AS MOOT. FURTHER that the Clerk shall refer Petitioner's Motion for Consolidation of Defenses (Docket Entry 29 ) to the assi gned United States District Judge, as an Objection to the Text Order dated August 1, 2012. RECOMMENDED that Respondent's Motion for Summary Judgment (Docket Entry 5 ) be granted, that Petitioner's Motion for Partial Summary Judgmen t (Docket Entry 15 ) and Motion for Judgment on the Pleadings (Docket Entry 31 ) be denied, that the Petition (Docket Entry 1 ) be denied, and that Judgment be entered dismissing this action without issuance of a certificate of appealability.(Taylor, Abby)

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Petitioner: JACKIE RAY CEARLEY
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Respondent: ALVIN KELLER
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