DUNBAR v. DANIELS

Filing 50

ORDER signed by JUDGE CATHERINE C. EAGLES on 03/02/2017, that the respondent's Motion for Summary Judgment, Doc. 13 , is GRANTED, that the petitioner's Motion for Partial Summary Judgment, Doc. 32 , is DENIED, and that the Petition, Doc. 1 , is DISMISSED as untimely. A Judgment dismissing this action without issuance of a certificate of appealability will be entered contemporaneously with this Order. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
KENNETH LEONARD DUNBAR,
Petitioner,
v.
DENNIS DANIELS,
Respondent.

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1:16-CV-518

ORDER
The Recommendation of the United States Magistrate Judge was filed with the
Court in accordance with 28 U.S.C. § 636(b) and, on January 27, 2017, was served on the
parties in this action. The petitioner filed objections to the Recommendation. Doc. 49.
The Court has reviewed the objection and has made a de novo determination
which is in accord with the Magistrate Judge’s report. Specifically, the petitioner
contends that he has only limited access to legal material and that North Carolina
Prisoners Legal Services has not assisted him. While there might be some cases where
this kind of problem might result in a short period of equitable tolling, the petitioner’s
general assertions do not excuse the multi-year delay here. The Court therefore adopts
the Magistrate Judge’s recommendation in full.
IT IS THEREFORE ORDERED that the respondent’s Motion for Summary
Judgment, Doc. 13, is GRANTED, that the petitioner’s Motion for Partial Summary
Judgment, Doc. 32, is DENIED, and that the Petition, Doc. 1, is DISMISSED as
untimely.

A Judgment dismissing this action without issuance of a certificate of
appealability will be entered contemporaneously with this Order.
This the 2nd day of March, 2017.

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UNITED STATES DISTRICT JUDGE

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