Gaytan v. Hardee, 1:17CV979. (2018)
Court: District Court, E.D. North Carolina
Number: infdco20180801d16
Visitors: 17
Filed: Jul. 31, 2018
Latest Update: Jul. 31, 2018
Summary: ORDER THOMAS D. SCHROEDER , District Judge . The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. 636(b) and, on May 15, 2018, was served on the parties in this action. Petitioner objected to the Recommendation. (Doc. 14.) The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination. The objections do not change the substance of the Recommend
Summary: ORDER THOMAS D. SCHROEDER , District Judge . The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. 636(b) and, on May 15, 2018, was served on the parties in this action. Petitioner objected to the Recommendation. (Doc. 14.) The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination. The objections do not change the substance of the Recommenda..
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ORDER
THOMAS D. SCHROEDER, District Judge.
The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on May 15, 2018, was served on the parties in this action. Petitioner objected to the Recommendation. (Doc. 14.)
The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination. The objections do not change the substance of the Recommendation, which is ADOPTED.
IT IS THEREFORE ORDERED that Respondent's Motion for Summary Judgment (Doc. 6) be GRANTED, that the Petition (Doc. 1) be DISMISSED, and that this action be DISMISSED WITH PREJUDICE. A judgment dismissing this action will be entered contemporaneously with this Order. Finding neither a substantial issue for appeal concerning the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, a certificate of appealability is not issued.
Source: Leagle
