Brooks v. N.C. Department of Correction

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 1997 contesting Magistrate Judge Denson’s M & R as to: (1) certain factual findings therein; (2) the failure to apply the doctrine of procedural bar: (3) the conclusion that N.C. Gen.Stat. § 14-223…