CHAPMAN v. HERRON

Filing 31

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 9/9/2013 adopting the Magistrate Judge's Recommendation (Doc. 25 ); that Respondent's Motion to Dismiss (Doc. 9 ) is GRANTED, that Respondent's Motion for Summary Judgment (Doc. 18 ) is DENIED AS MOOT, that the Petition (Doc. 1 ) is DISMISSED, and that this action is dismissed. FURTHER that Petitioner's Motion to Amend Combined with Motion to Expand the Record Civil Rule 7 (Doc. 30 ) is DENIED. 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. (Sheets, Jamie)

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