WESTMORELAND v. BEAL

WESTMORELAND v. BEAL

Petitioner:	DONALD WESTMORELAND
Respondent:	MICHAEL T. BELL
Case Number:	1:2010cv00705
Filed:	September 14, 2010
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Stokes
Presiding Judge:	L. PATRICK AULD
Presiding Judge:	JAMES A. BEATY
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
January 11, 2012	Filing 13 ORDER, MEMORANDUM AND OPINION AND RECOMMENDATION NO. 2 signed by MAG/JUDGE L. PATRICK AULD on 1/11/12 that Petitioner's "Motion to Leave to File an Amended Complaint, and Reincorporate into Record Petitioners § 2254 Claim Ground Five A mendment No #1" (Docket Entry 11 ) be denied as futile except to the extent that it points the Court to the fifth claim for relief raised in the original Petition. As to that claim, it should be considered as properlyraised, but then be denied on its merits. The Habeas Petition, including that fifth claim for relief (Docket Entry 1 ), should be denied and Judgment should be entered dismissing this action. IT IS ORDERED that Petitioners "Motion for Enlargement of time L.R. 6.1(a), et seq." (Docket Entry 10 ) is granted and that, within 14 days of the mailing of this Recommendation to Petitioner,he may file objections under Fed R. Civ. P. 72(b) to both Recommendations that have been entered in his case. (Wilson, JoAnne)
October 4, 2011	Filing 8 MEMORANDUM OPINION AND RECOMMENDED RULING - MAGISTRATE JUDGE re 4 MOTION for Summary Judgment filed by MICHAEL T. BELL be granted, that the Petition (Docket Entry 1 ) be denied, and that Judgment be entered dismissingthis action signed by MAG/JUDGE L. PATRICK AULD on 10/4/11. (Wilson, JoAnne)

Date Filed

Document Text

January 11, 2012

Filing 13 ORDER, MEMORANDUM AND OPINION AND RECOMMENDATION NO. 2 signed by MAG/JUDGE L. PATRICK AULD on 1/11/12 that Petitioner's "Motion to Leave to File an Amended Complaint, and Reincorporate into Record Petitioners § 2254 Claim Ground Five A mendment No #1" (Docket Entry 11 ) be denied as futile except to the extent that it points the Court to the fifth claim for relief raised in the original Petition. As to that claim, it should be considered as properlyraised, but then be denied on its merits. The Habeas Petition, including that fifth claim for relief (Docket Entry 1 ), should be denied and Judgment should be entered dismissing this action. IT IS ORDERED that Petitioners "Motion for Enlargement of time L.R. 6.1(a), et seq." (Docket Entry 10 ) is granted and that, within 14 days of the mailing of this Recommendation to Petitioner,he may file objections under Fed R. Civ. P. 72(b) to both Recommendations that have been entered in his case. (Wilson, JoAnne)

October 4, 2011

Filing 8 MEMORANDUM OPINION AND RECOMMENDED RULING - MAGISTRATE JUDGE re 4 MOTION for Summary Judgment filed by MICHAEL T. BELL be granted, that the Petition (Docket Entry 1 ) be denied, and that Judgment be entered dismissingthis action signed by MAG/JUDGE L. PATRICK AULD on 10/4/11. (Wilson, JoAnne)

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Petitioner: DONALD WESTMORELAND
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Respondent: MICHAEL T. BELL
Represented By:	CLARENCE JOE DELFORGE, III
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