FLETCHER v. JOYNER

Filing 18

ORDER signed by JUDGE THOMAS D. SCHROEDER on 09/09/2014, that the court therefore adopts the Magistrate Judge's Recommendation, and that Respondent's Motion for Summary Judgment (Doc. 4 ) is GRANTED, that the Petition (Doc . 1 ) is DENIED, and this action is DISMISSED. Petitioner's request for counsel is also DENIED. Finding neither a 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.(Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MARK A. FLETCHER,

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Petitioner,
v.
CARLTON B. JOYNER,
Respondent.

1:13CV538

ORDER
On

August

8,

2014,

the

United

States

Magistrate

Judge=s

Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

(Docs. 14 and 15.)

Petitioner

objected to the Recommendation (Doc. 16), and the State of North
Carolina filed a response (Doc. 17).
The court has 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 Respondent’s Motion for Summary
Judgment (Doc. 4) is GRANTED, that the Petition (Doc. 1) is DENIED,
and this action is DISMISSED.
also DENIED.

Petitioner’s request for counsel is

Finding neither a 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.

/s/
Thomas D. Schroeder
United States District Judge
September 9, 2014

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