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07-757 - WILLIAMS v. SMITH et al


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07-757 - WILLIAMS v. SMITH et al
August 13, 2008
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MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF MAGISTRATE JUDGE ELIASON signed by MAG/JUDGE RUSSELL A. ELIASON on 8/13/2008, that Petitioner's request to have a transcript of his sentencing hearing prepared (Docket No. 9), Petitioner's motion to strike Respondents' answer (Docket No. 10), Petitioner's request to have his motion for a transcript presented for a ruling (Docket No. 11), a second such request (Docket No. 12), Petitioner's motion to expand the record to include documents from the North Carolina Department of Correction (Docket No. 13), Petitioner's motion to stay or enlarge the period for him to file a response brief (Docket No. 14), Petitioner's request for a prompt ruling on his motion for a transcript and his motion to stay, (Docket No. 15), Petitioner's request to conduct discovery (Docket No. 16), Petitioner's motion for immediate habeas relief or to show cause why that relief should not be granted (Docket No. 17), Petitioner's motion for a default judgment (Docket No. 18), Petitioner's motion to stay execution of his sentence (Docket No. 19), Petitioner's motion for matters to be put to rest (Docket No. 22), Petitioner's motion for a change of venue (Docket No. 26), and Petitioner's motion to appoint counsel (Docket No. 27) are all denied. IT IS RECOMMENDED that Respondents' motion for summary judgment (Docket No. 6) be granted, that the habeas corpus petition (Docket No. 2) be denied, and that Judgment be entered dismissing this action. (Lloyd, Donna)
October 27, 2008
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ORDER signed by JUDGE THOMAS D. SCHROEDER on 10/27/2008, affirming and adopting 28 Memorandum Opinion, Order and Recommendation of Magistrate Judge Eliason; that Petitioner's motion to expand the record with a stenographic transcript (Doc. 32) is DENIED for the reasons set forth in the Recommendation; that Respondents' motion for summary judgment (Doc. 6) is GRANTED, that the habeas corpus petition (Doc. 2) is DENIED, that this action is DISMISSED, and that finding neither a substantial issue for appeal concerning the denial of a constitutional right affecting the conviction, nor a debatable procedural ruling, a certificate of appealability is denied. (Lloyd, Donna)