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08-006 - Fort v. DeBoo


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08-006 - Fort v. DeBoo
February 25, 2008
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ORDER granting 9 Motion for Extension of Time to Answer Kuma J. DeBoo answer due 3/24/2008. Signed by Magistrate Judge John S. Kaull on 2/22/08. (c as directed)(mji)
September 19, 2008
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OPINION/ REPORT AND RECOMMENDATION: re 1 Petition for Writ of Habeas Corpus filed by Dennis E. Fort be DENIED and DISMISSED WITH PREJUDICE and CONSTRUED as a WRIT OF ERROR CORAM NOBIS and TRANSFERRED. 18 MOTION Respondent's Motion to Dismiss and Response to Order to Show Cause filed by Kuma J. DeBoo be DENIED without prejudice; 31 MOTION for Preliminary Injunction filed by Dennis E. Fort be DENIED, and 17 MOTION for Summary Judgment filed by Dennis E. Fort be DENIED without prejudice. Signed by Magistrate Judge John S. Kaull on 9/19/08. )(c to Judge, pro se petitioner by certified mail.(cc)
November 4, 2008
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MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING 36 Recommendation of Magistrate Judge. 17 Motion for Summary Judgment is DENIED without prejudice; 18 Motion to Dismiss is DENIED without prejudice, and 31 Motion for Preliminary Injunction is DENIED. Petitioner's 1 Section 2241 Petition is DENIED as to ground four. The remainder of the petitioner's petition is construed as a writ of error coram nobis and TRANSFERRED to the United States District Court for the Eastern District of North Carolina. This civil action is DISMISSED and STRICKEN from the active docket of this court. Signed by Senior Judge Frederick P. Stamp, Jr on 11/4/08. (c to pro se petitioner, counsel, Clerk Eastern District of North Carolina)(cc)