GRAVES v. STATE OF NORTH CAROLINA

Filing 8

ORDER signed by JUDGE N. C. TILLEY, JR on 08/30/2017, that Petitioner's motion [Doc. # 7 is denied for lack of good cause having been shown. FURTHER that this action be filed, but then dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defect of the current Petition. A judgment dismissing this action will be entered contemporaneously with this Order. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
SCOTTIE LEE GRAVES,
Petitioner,
v.
STATE OF NORTH CAROLINA,
Respondent.

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1:17CV282

ORDER
The Order and Recommendation of the United States Magistrate Judge
was filed with the court in accordance with 28 U.S.C. § 636(b) and, on April
3, 2017, was served on the parties in this action. Petitioner objected to the
Recommendation. 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.
Petitioner has also filed a motion [Doc. #7] entitled “Pro se Motion to
Access “ALL” Movant Chattel Papers of Strawman in Public Records
Pursuant to 5 U.S.C. 552(a), 5 U.S.C. 702, 28 U.S.C. 1915 as an Indigent,
without cost (28 U.S.C. 752(f)) with Order Request Access to Legal
Material/Law Library for Impartiality, to Cognizably Proceed in Above
Captioned Present & Prior Chattel Records with Extension of Time, inter

alia.” [Doc. #7.] In this motion, Petitioner seeks a number of forms of relief,
none of which are merited. This motion will be denied for lack of good
cause having been shown.
IT IS THEREFORE ORDERED that Petitioner’s motion [Doc. #7] is
denied for lack of good cause having been shown.
IT IS FURTHER ORDERED that this action be filed, but then dismissed
sua sponte without prejudice to Petitioner filing a new petition which
corrects the defect of the current Petition. A judgment dismissing this action
will be entered contemporaneously with this Order.
This the 30th day of August, 2017.

/s/ N. Carlton Tilley, Jr.
Senior United States District Judge

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