NEWELL v. SOLOMAN

Filing 29

ORDER signed by JUDGE LORETTA C. BIGGS on 1/25/2018 adopting the Magistrate Judge's Recommendation 26 ; that Petitioner's "Motion for Nihil Dicit Judgment to Quash Summary Judgment", (ECF No. 7 ), "Motion for Estoppel in Pa is and Quash Answer" (ECF No. 8 ), "Request to Expand the Record to Include the Prison Records Mental Health Files History to Current Treatment in Camera Review", (ECF No. 11 ), Motion to "Quash the Bill of Information for Impro per Procedure" (ECF No. 19 ), and Motion for Judgment on the Pleadings, (ECF No. 22 ), be DENIED. FURTHER that the petition for Writ of Mandamus, (ECF No. 24 ), be DISMISSED without prejudice for lack of jurisdiction. FURTHER that Respondent& #039;s Motion for Summary Judgment, (ECF No. 5 ), be GRANTED, that the Petition, (ECF No. 1 ), be DISMISSED as time-barred, and that Judgment be entered dismissing this action. 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. (Sheets, Jamie)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JONATHAN JAMES NEWELL,
Petitioner,
v.
GEORGE SOLOMAN,
Respondent.

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1:17CV254

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 December 1, 2017, was served on the parties
in this action. (ECF Nos. 26, 27.) Petitioner objected to the Recommendation. (ECF
No. 28.)
The Court has appropriately reviewed the portions of the Magistrate Judge’s report to
which objection was made and has made a de novo determination which is in accord with
the Magistrate Judge’s report. The Court therefore adopts the Magistrate Judge’s
Recommendation.
IT IS THEREFORE ORDERED that Petitioner’s “Motion for Nihil Dicit Judgment
to Quash Summary Judgment”, (ECF No. 7), “Motion for Estoppel in Pais and Quash
Answer” (ECF No. 8), “Request to Expand the Record to Include the Prison Records
Mental Health Files History to Current Treatment in Camera Review”, (ECF No. 11),
Motion to “Quash the Bill of Information for Improper Procedure” (ECF No. 19), and
Motion for Judgment on the Pleadings, (ECF No. 22), be DENIED.

IT IS FURTHER ORDERED that the petition for Writ of Mandamus, (ECF No.
24), be DISMISSED without prejudice for lack of jurisdiction.
IT IS FURTHER ORDERED that Respondent’s Motion for Summary Judgment,
(ECF No. 5), be GRANTED, that the Petition, (ECF No. 1), be DISMISSED as timebarred, and that Judgment be entered dismissing this action.
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.
This, the 25th day of January, 2018.
/s/ Loretta C. Biggs
United States District Judge