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PEGRAM v. WHITENER, 1:15CV96. (2015)

Court: District Court, E.D. North Carolina Number: infdco20150915989 Visitors: 12
Filed: Sep. 14, 2015
Latest Update: Sep. 14, 2015
Summary: ORDER WILLIAM L. OSTEEN, Jr. , District Judge . On August 6, 2015, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. 636. (Docs. 8, 9.) Petitioner timely filed objections (Doc. 10) to the Recommendation. This court has appropriately reviewed the portions of the Recommendation to which objections were made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court th
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ORDER

On August 6, 2015, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 8, 9.) Petitioner timely filed objections (Doc. 10) to the Recommendation.

This court has appropriately reviewed the portions of the Recommendation to which objections were made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court therefore adopts the Recommendation.

IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss (Doc. 4) is GRANTED, that Petitioner's Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 1) is DENIED, and that this action is DISMISSED. A Judgment dismissing this action will be entered contemporaneously with this Order. Finding no 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

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