HEADEN v. HALL
Filing
6
ORDER signed by JUDGE THOMAS D. SCHROEDER on 3/18/2013 ADOPTING ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE 3 ; that Petitioner's habeas petition under 28 U.S.C. § 2254 is dismissed sua sponte without prejudice to Pe titioner filing a new petition which corrects the defects of the current Petition after he exhausts his state court remedies. 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
CHRISTOPHER MARK HEADEN,
Petitioner,
v.
JOSEPH B. HALL,
Respondent.
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1:13CV3
ORDER
The Recommendation of the United States Magistrate Judge was
filed with the court in accordance with 28 U.S.C. § 636(b) and, on
January 24, 2013, was served on the parties in this action.
The court has reviewed those portions of the Recommendation to
which Petitioner objects and has made a de novo determination.
The
court finds that the objections do not change the substance of the
United States Magistrate Judge's rulings, which are affirmed and
adopted.
IT IS THEREFORE ORDERED AND ADJUDGED that Petitioner’s habeas
petition under 28 U.S.C. § 2254 is dismissed sua sponte without
prejudice to Petitioner filing a new petition which corrects the
defects of the current Petition after he exhausts his state court
remedies.
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.
/s/ Thomas D. Schroeder
United States District Judge
March 18, 2013
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