WHITE v. TERRELL

Filing 12

ORDER signed by JUDGE JAMES A. BEATY, JR., on 5/22/2014, adopting the Magistrate Judge's Recommendation (doc. 9 ); that Respondent's Motion to Dismiss [Doc. # 5 ] is GRANTED, that the Petition [Doc. ## 1 , 2 ] is DISMISSED, and that this action is DISMISSED. A Judgment will be entered contemporaneously with this Order. (Lloyd, Donna)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ANDREW DAVID WHITE, Petitioner, v. DUANE TERRELL, Respondent. ) ) ) ) ) ) ) ) ) 1:13CV122 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 April 2, 2014, was served on the parties in this action. Petitioner objected to the Recommendation. [Doc. # 11.] The Court has appropriately reviewed the portions of the Magistrate Judge’s report to which objection was made and has made a de novo determination in accord with the Magistrate Judge’s report. The Court therefore adopts the Magistrate Judge’s Recommendation. IT IS THEREFORE ORDERED that Respondent’s Motion to Dismiss [Doc. # 5] is GRANTED, that the Petition [Doc. ## 1, 2] is DISMISSED, and that this action is DISMISSED. A Judgment will be entered contemporaneously with this Order. United States District Judge Date: May 22, 2014

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