WILLIAMS v. STATE OF NORTH CAROLINA

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
BERRY JAY WILLIAMS, :
:
Petitioner, :
:
v. : 1:25-cv-819
:
STATE OF NORTH CAROLINA, :
:
Respondent. :
ORDER
This matter is before the court for review of the Order and
Recommendation (“Recommendation”) filed on September 15, 2025,
by the United States Magistrate Judge in accordance with 28
U.S.C. § 636(b), (Doc. 5). The Recommendation was served on the
parties in this action on September 15, 2025. (Doc. 6.) No
objections were filed within the time limits prescribed by
Section 636.
Therefore, the court need not make a de novo review and the
Magistrate Judge’s Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge’s
Recommendation, (Doc. 5), is ADOPTED. IT IS FURTHER ORDERED that
this action is construed as a habeas petition under 28 U.S.C. §
2241 and is hereby DISMISSED WITHOUT PREJUDICE to Petitioner
filing a new petition which corrects the defects of the current
Petition or making appropriate filings in the state courts. Any
Case 1:25-cv-00819-WO-JLW Document 7 Filed 01/15/26 Page 1 of 2

- 2 -
new petition must be accompanied by either the five-dollar
filing fee or a current application to proceed in forma
pauperis.
IT IS FURTHER ORDERED that Petitioner’s Motion to Dismiss
all Cases, (Doc. 2), Motion for Habeas Corpus, (Doc. 3), and
Motion for Speedy Trial, (Doc. 4), are DENIED WITHOUT PREJUDICE.
The court further finds there is no substantial showing of
the denial of a constitutional right affecting the conviction
nor a debatable procedural ruling, therefore a certificate of
appealability is not issued.
A Judgment dismissing this action will be filed
contemporaneously with this Order.
This the 15th day of January, 2026.
__________________________________
United States District Judge
Case 1:25-cv-00819-WO-JLW Document 7 Filed 01/15/26 Page 2 of 2