Underwood v. Harkleroad, et al, No. 5:2004cv00193 - Document 27 (W.D.N.C. 2009)

Court Description: ORDER denying 7 Motion for Summary Judgment; granting in part and denying in part 14 Motion for Leave to File; granting in part and denying in part 14 Motion to Strike ; granting 20 Motion for Leave to File; dismissing as moot 21 Motion for Extension of Time to File Response/Reply ; dismissing as moot 22 Motion for Extension of Time to File Response/Reply ; dismissing as moot 26 Motion to Amend/Correct. Petition for Writ of Habeas Corpus granted, conviction is VACATED and matter is REMANDED to State Court. Respondent is directed to either grant a new trial or release Petitioner from custody within 180 days of this order Signed by Senior Judge Graham Mullen on 12/23/09. (bsw)