BELL v. JARVIS

No. 5:97-HC-232-H2.

7 F.Supp.2d 699 (1998)

Ernest Sutton BELL, Petitioner, v. Mack JARVIS, Secretary for the North Carolina Dept. of Correction, and Robert Smith, Superintendent, Eastern Correctional Institution, Respondents.

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

June 8, 1998.


Attorney(s) appearing for the Case

Kathryn L. VandenBerg, N.C. Prisoner Legal Services, Inc., Raleigh, NC, for Ernest Sutton Bell, Petitioner.

Ellen B. Scouten, North Carolina Department of Justice, Raleigh, NC, for Mack Jarvis, Robert Smith, Respondents.


ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on respondents' motion for summary judgment. Petitioner, a state inmate, filed this petition for habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges ineffective assistance of appellate counsel for failure to raise a public trial claim. In a Memorandum and Recommendation ("M & R") filed February 27, 1998, United States Magistrate Judge Alexander B. Denson recommended...

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