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BROOKS v. N.C. DEPT. OF CORRECTION

No. 5:96-HC-752-BR2.

984 F.Supp. 940 (1997)

Michael Edward BROOKS, Petitioner, v. N.C. DEPARTMENT OF CORRECTION, Respondent.

United States District Court, E.D. North Carolina, Western Division.

September 25, 1997.

Attorney(s) appearing for the Case

G. Alan DuBois, Raleigh, NC, for Petitioner.

Teresa L. Harris, Assoc. Atty. Gen., Raleigh, NC, for Respondent.

ORDER

BRITT, District Judge.

On 25 August 1997, Magistrate Judge Alexander B. Denson filed his Memorandum and Recommendation (M & R) in the above-captioned case in which he recommended that respondent's motion for summary judgment be denied, that the petition for writ of habeas corpus be granted, and that petitioner's conviction be vacated. Respondent filed objections to the M & R on 17 September...

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