SIMMONS v. KELLER

SIMMONS v. KELLER

Petitioner:	EARNEST SIMMONS
Respondent:	ALVIN W. KELLER, JR.
Case Number:	1:2011cv00697
Filed:	September 1, 2011
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
March 29, 2013	Filing 13 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 03/29/2013, that the Magistrate Judge's Recommendation (Doc. 10 ) is ADOPTED. FURTHER that Respondent's Motion for Summary Judgment (Doc. 5 ) is GRANTED, that Pet itioner's petition for writ of habeas corpus (Doc. 2 ) is DENIED, and that this action is DISMISSED. 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 affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued. (Taylor, Abby)
October 12, 2012	Filing 10 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 10/12/2012. IT IS THEREFORE RECOMMENDED that Respondent's Motion For Summary Judgment (Docket Entry 5 ) be granted, that the instant Petition (Docket Entry 2 ) be denied, and that Judgment be entered dismissing this action.(Taylor, Abby)

Date Filed

Document Text

March 29, 2013

Filing 13 ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 03/29/2013, that the Magistrate Judge's Recommendation (Doc. 10 ) is ADOPTED. FURTHER that Respondent's Motion for Summary Judgment (Doc. 5 ) is GRANTED, that Pet itioner's petition for writ of habeas corpus (Doc. 2 ) is DENIED, and that this action is DISMISSED. 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 affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is not issued. (Taylor, Abby)

October 12, 2012

Filing 10 MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 10/12/2012. IT IS THEREFORE RECOMMENDED that Respondent's Motion For Summary Judgment (Docket Entry 5 ) be granted, that the instant Petition (Docket Entry 2 ) be denied, and that Judgment be entered dismissing this action.(Taylor, Abby)

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Petitioner: EARNEST SIMMONS
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Respondent: ALVIN W. KELLER, JR.
Represented By:	CLARENCE JOE DELFORGE, III
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