ROGERS v. STATE OF NORTH CAROLINA

Filing 5

ORDER signed by JUDGE JAMES A. BEATY, JR on 08/26/2013, that the court therefore adopts the Magistrate Judge's Recommendation and that the Petition be filed, but then dismissed sua sponte without prejudice to Petitioner filing a new pe tition which corrects the defects of the current Petition. A Judgment will be entered contemporaneously with this Order. FURTHER 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 not issued. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
REGINALD LEE ROGERS, SR.,
Petitioner,
v.
STATE OF NORTH CAROLINA,
Respondent.

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1:13CV547

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 July 18, 2013, was served on the parties in this
action. Plaintiff objected to the Recommendation. [Doc. # 4.]
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 the Petition be filed, but then dismissed sua sponte
without prejudice to Petitioner filing a new petition which corrects the defects of the current
Petition. A Judgment will be entered contemporaneously with this Order.

IT IS FURTHER ORDERED 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 not issued.

United States District Judge

August 26, 2013

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