NEWELL v. SOLOMAN

NEWELL v. SOLOMAN

Petitioner:	JONATHAN JAMES NEWELL
Respondent:	GEORGE SOLOMAN
Case Number:	1:2017cv00254
Filed:	March 20, 2017
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	Guilford
Presiding Judge:	LORETTA C. BIGGS
Presiding Judge:	JOE L. WEBSTER
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 25, 2018	Filing 29 ORDER signed by JUDGE LORETTA C. BIGGS on 1/25/2018 adopting the Magistrate Judge's Recommendation 26 ; that Petitioner's "Motion for Nihil Dicit Judgment to Quash Summary Judgment", (ECF No. 7 ), "Motion for Estoppel in Pa is and Quash Answer" (ECF No. 8 ), "Request to Expand the Record to Include the Prison Records Mental Health Files History to Current Treatment in Camera Review", (ECF No. 11 ), Motion to "Quash the Bill of Information for Impro per Procedure" (ECF No. 19 ), and Motion for Judgment on the Pleadings, (ECF No. 22 ), be DENIED. FURTHER that the petition for Writ of Mandamus, (ECF No. 24 ), be DISMISSED without prejudice for lack of jurisdiction. FURTHER that Respondent& #039;s Motion for Summary Judgment, (ECF No. 5 ), be GRANTED, that the Petition, (ECF No. 1 ), be DISMISSED as time-barred, and that Judgment be entered dismissing this action. 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. (Sheets, Jamie)

Date Filed

Document Text

January 25, 2018

Filing 29 ORDER signed by JUDGE LORETTA C. BIGGS on 1/25/2018 adopting the Magistrate Judge's Recommendation 26 ; that Petitioner's "Motion for Nihil Dicit Judgment to Quash Summary Judgment", (ECF No. 7 ), "Motion for Estoppel in Pa is and Quash Answer" (ECF No. 8 ), "Request to Expand the Record to Include the Prison Records Mental Health Files History to Current Treatment in Camera Review", (ECF No. 11 ), Motion to "Quash the Bill of Information for Impro per Procedure" (ECF No. 19 ), and Motion for Judgment on the Pleadings, (ECF No. 22 ), be DENIED. FURTHER that the petition for Writ of Mandamus, (ECF No. 24 ), be DISMISSED without prejudice for lack of jurisdiction. FURTHER that Respondent& #039;s Motion for Summary Judgment, (ECF No. 5 ), be GRANTED, that the Petition, (ECF No. 1 ), be DISMISSED as time-barred, and that Judgment be entered dismissing this action. 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. (Sheets, Jamie)

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Petitioner: JONATHAN JAMES NEWELL
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Respondent: GEORGE SOLOMAN
Represented By:	CLARENCE JOE DELFORGE, III
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