BARNES v. TERRELL

Filing 29

ORDER signed by JUDGE JAMES A. BEATY, JR on 09/10/2015 adopting and affirming the Magistrate Judge's Recommendation, that Respondent's Motion for Summary Judgment [Doc. # 22 ] is GRANTED, the Petition [Doc. # 1 ] is DENIED, and 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. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
WILLIAM THOMAS BARNES,

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Petitioner,
v.
DUANE TERRELL,
Respondent.

1:13CV337

ORDER
On August 12, 2015, the United States Magistrate Judge’s Recommendation was filed and
notice was served on Petitioner pursuant to 28 U.S.C. § 636. Petitioner filed objections [Doc.
#28] to the Recommendation within the time limit prescribed by Section 636. The Court has
reviewed Petitioner’s objections de novo and finds they do not change the substance of the United
States Magistrate Judge’s Recommendation [Doc. #26], which is affirmed and adopted.
IT IS THEREFORE ORDERED that Respondent’s Motion for Summary Judgment
[Doc. #22] is GRANTED, the Petition [Doc. #1] is DENIED, and 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 10th day of September, 2015.

United States District Judge