BARBEE v. KELLER

Filing 14

ORDER signed by JUDGE CATHERINE C. EAGLES on 11/21/2012, that the Court has reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge� 39;s report. The Court adopts the Magistrate Judge's recommendation in full. ORDERED that Respondent's Motion to Dismiss (Doc. 5 ) is GRANTED and that the Habeas Petition (Doc. 2 ) is DISMISSED. A Judgment dismissi ng 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. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

DARRELL WADE BARBEE,

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Petitioner,
v.
ALVIN W. KELLER, JR.,
Respondent.

1:11CV238

O-R-D-E-R
The Recommendation of the United States Magistrate Judge was filed with the Court in
accordance with 28 U.S.C. ' 636(b) and, on Oct. 9, 2012, was served on the parties in this action.
Plaintiff filed objections to the Recommendation. (Doc. 13.)
The Court has reviewed the portions of the Magistrate Judge=s report to which objection
was made and has made a de novo determination which is in accord with the Magistrate Judge=s
report. The Court adopts the Magistrate Judge=s recommendation in full.
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss (Doc. 5) is
GRANTED and that the Habeas Petition (Doc. 2) 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.
This the 21st day of November, 2012.

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UNITED STATES DISTRICT JUDGE