Hyatt v. Branker

Filing 34

JUDGMENT in favor of Gerald Branker against Terry Alvin Hyatt; respondent's motion for summary judgment is allowed; petitioner's petition for a writ of habeas corpus pursuant to 28:2254 is denied; this matter is dismissed with prejudice in its entirety. Signed by District Judge Lacy Thornburg on 9/24/08. (siw)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL NO. 1:05CV55 TERRY ALVIN HYATT, ) ) Petitioner, ) ) Vs. ) ) GERALD BRANKER, Central Prison, ) Raleigh, North Carolina, ) ) Respondent. ) ______________________________ )

JUDGMENT

For the reasons set forth in the Memorandum of Opinion filed herewith, IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the Respondent's motion for summary judgment is ALLOWED, the Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED, and this matter is hereby DISMISSED WITH PREJUDICE in its entirety.

2 Signed: September 24, 2008