SMITH v. SHANAHAN

Filing 14

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 2/11/2014 adopting the Magistrate Judge's recommendation 11 ; that Petitioner's motion for summary judgment in support of his habeas corpus petition (Doc. 8 ) is DENIED, that Res pondent's motion for summary judgment (Doc. 5 ) is GRANTED, and that this action is DISMISSED with prejudice. 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. (Sheets, Jamie)

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

STEVEN DASHAWN SMITH,
Petitioner,
v.
KIERAN J. SHANAHAN,
Respondent.

)
)
)
)
)
)
)
)
)

1:13CV393

ORDER
On December 12, 2013, the United States Magistrate Judge’s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

(Docs. 11 and 12.)

On January 9,

2014, Petitioner filed objections to the Recommendation
requesting the court “issue Petitioner a notice of appeal.”
(Doc. 13).

Because a Recommendation has been entered, this

court will construe the request to appeal as objections to the
Recommendation.

See Fed. R. Civ. P. 72(b)(2) (“Within 14 days

after being served with a copy of the recommended disposition, a
party may serve and file . . . objections.”).

This court will

also construe the request as one requesting a certificate of
appealability as to the issues noted by Petitioner.
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 which is in accord with the
Magistrate Judge’s report.

The court therefore adopts the

Magistrate Judge’s recommendation.
IT IS THEREFORE ORDERED that Petitioner’s motion for
summary judgment in support of his habeas corpus petition (Doc.
8) is DENIED, that Respondent’s motion for summary judgment
(Doc. 5) is GRANTED, and that this action is DISMISSED with
prejudice.

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 11th day of February, 2014.

_______________________________________
United States District Judge

- 2 -