PAGAN v. YOUNG

Filing 15

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR., on 5/20/2014, adopting the Magistrate Judge's Recommendation (doc. 12 ); that Respondent's Motion for Summary Judgment (Doc. 6 ) is GRANTED, that the Petition for Writ of Habeas C orpus (Doc. 1 ) is DENIED, and that this action be 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. (Lloyd, Donna)

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

TRAVIS PAGAN,
Petitioner,
v.
REUBAN YOUNG,
Respondent.

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1:13CV9-1

ORDER
This matter is before this court for review of the
Memorandum Opinion and Recommendation filed on March 11, 2014,
by the Magistrate Judge in accordance with 28 U.S.C. § 636(b).
(Doc. 12.)

In the Recommendation, the Magistrate Judge

recommends that Respondent’s Motion for Summary Judgment (Doc.
6) be granted, that the Petition for Writ of Habeas Corpus (Doc.
1) be denied, and that this action be dismissed.

The

Recommendation was served on the parties to this action on
March 11, 2014.

Petitioner timely filed objections (Doc. 14) to

the Recommendation.
This court is required to Amake a de novo determination of
those portions of the [Magistrate Judge=s] report or specified
proposed findings or recommendations to which objection is made.@
28 U.S.C. § 636(b)(1).

This court Amay accept, reject, or

modify, in whole or in part, the findings or recommendations
made by the [M]agistrate [J]udge. . . . [O]r recommit the matter
to the [M]agistrate [J]udge with instructions.@

Id.

This court has appropriately reviewed the portions of the
Recommendation to which objection was 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 the Magistrate Judge=s
Recommendation (Doc. 12) is ADOPTED.

IT IS FURTHER ORDERED that

Respondent’s Motion for Summary Judgment (Doc. 6) is GRANTED,
that the Petition for Writ of Habeas Corpus (Doc. 1) is DENIED,
and that this action be 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 20th day of May, 2014.

_______________________________________
United States District Judge

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