BYRD v. MILLIS

BYRD v. MILLIS

Petitioner:	HENRY CLIFFORD BYRD, SR.
Respondent:	DAVID MILLIS
Case Number:	1:2018cv00332
Filed:	April 24, 2018
Court:	US District Court for the Middle District of North Carolina
Office:	NCMD Office
County:	XX US, Outside State
Presiding Judge:	JOI ELIZABETH PEAKE
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
September 26, 2019	Filing 35 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 09/26/2019, that the Magistrate Judge's Recommendation, (Doc. 31 ), is ADOPTED. IT IS FURTHER ORDERED that Respondent's Motion for Summary Judgment, (Doc. [ 17]), is GRANTED, that Petitioner's Motion for Summary Judgment, (Doc. 24 ), is DENIED, that Petitioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, (Doc. 1 ), 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. (Garland, Leah)

Date Filed

Document Text

September 26, 2019

Filing 35 ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 09/26/2019, that the Magistrate Judge's Recommendation, (Doc. 31 ), is ADOPTED. IT IS FURTHER ORDERED that Respondent's Motion for Summary Judgment, (Doc. [ 17]), is GRANTED, that Petitioner's Motion for Summary Judgment, (Doc. 24 ), is DENIED, that Petitioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, (Doc. 1 ), 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. (Garland, Leah)

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Petitioner: HENRY CLIFFORD BYRD, SR.
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Respondent: DAVID MILLIS
Represented By:	CLARENCE JOE DELFORGE, III(Designation United States Attorney)
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