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07-938 - WILLIAMS v. STATE OF NORTH CAROLINA et al


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07-938 - WILLIAMS v. STATE OF NORTH CAROLINA et al
December 12, 2007
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ORDER AND RECOMMENDATION: ORDERED that in forma pauperis status is granted for the sole purpose of entering this Order. The Clerk is instructed to send Petitioner ยง 2254 forms, instructions, and a current application to proceed in forma pauperis. IT IS RECOMMENDED that this action be filed, but then dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current petition. re 1 Petition for Writ of Habeas Corpus filed by JOHN WALTER WILLIAMS. Objections to R&R due by 12/31/2007. Signed by MAG/JUDGE RUSSELL A. ELIASON on 12/12/2007. (Butler, Carol)
January 29, 2008
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JUDGMENT signed by CHIEF JUDGE JAMES A. BEATY, JR on 1/29/2008 adopting 2 ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE of December 12, 2007; that this action is dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current petition, and that 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 denied. (Lloyd, Donna) Modified on 1/30/2008 to edit text (Lloyd, Donna).