WILLIAMS v. NEELY

Filing 18

ORDER signed by JUDGE JAMES A. BEATY, JR., on 3/24/2014, adopting the Magistrate Judge's Recommendation (Doc. # 14 ); that Respondent's Motion for Summary Judgment [Doc. # 8 ] is granted, that the Petition [Doc. # 2 ] is denied, that this action is dismissed, and that 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 DENIED. (Lloyd, Donna)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA GEORGE B. WILLIAMS, Petitioner, v. RICHARD B. NEELY, Respondent. ) ) ) ) ) ) ) ) ) 1:13CV89 ORDER On February 26, 2014, the United States Magistrate Judge’s Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. Petitioner filed a document titled, Request to Take Judicial Notice [Doc. #16], and objections [Doc. #17] to the Recommendation within the time limit prescribed by Section 636. The Court has reviewed Petitioner’s request for judicial notice and objections de novo and finds they do not change the substance of the United States Magistrate Judge’s Recommendation [Doc. #14] which is affirmed and adopted. IT IS THEREFORE ORDERED that Respondent’s Motion for Summary Judgment [Doc. #8] is granted, that the Petition [Doc. #2] is denied, that this action is dismissed, and that 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 DENIED. This, the 24th day of March, 2014. United States District Judge

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