PANIAGUA v. DAIL

Filing 18

ORDER signed by JUDGE THOMAS D. SCHROEDER on 9/30/2013 adopting the Magistrate Judge's Recommendation 14 ; that Respondent's Motion to Dismiss (Doc. 7 ) be GRANTED and the Petition (Doc. 1 ) and this action be DISMISSED. 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. (Sheets, Jamie)

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

DANIEL PANIAGUA,
Petitioner,
v.
LARRY DAIL,
Respondent.

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1:12CV1253

ORDER
On September 4, 2013, the United States Magistrate Judge’s
Recommendation was filed (Doc. 14) and notice was served on the
parties pursuant to 28 U.S.C. ' 636.

Petitioner filed objections

within the time period prescribed by section 636.

(Docs. 16 and 17.) 1

The court has reviewed those portions of the Recommendation to
which Petitioner objected and has made a de novo determination, which
is in accord with the Magistrate Judge’s Recommendation.

The

Recommendation is therefore affirmed and adopted.
IT IS THEREFORE ORDERED AND ADJUDGED that Respondent’s Motion
to Dismiss (Doc. 7) be GRANTED and the Petition (Doc. 1) and this
action be DISMISSED.

Finding neither a substantial issue for appeal

concerning the denial of a constitutional right affecting the

1

To the extent Petitioner has filed
16-1), the court has jurisdiction to
See United States v. Brooks, 151 F.
v. Edwards, 948 F.2d 1280 (4th Cir.

a purported Notice of Appeal (Doc.
enter this final Order and Judgment.
App'x 229 (4th Cir. 2005); Davidson
1991)..

conviction nor a debatable procedural ruling, a certificate of
appealability is not issued.

/s/
Thomas D. Schroeder
United States District Judge
September 30, 2013

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