SMITH v. DAIL

Filing 14

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 5/30/2014 adopting the Magistrate Judge's Recommendation 10 ; that Respondent's Motion to Dismiss (Doc. 6 ) is GRANTED, that the habeas corpus petition (Doc. 1 ) is DENIED, and that this action is DISMISSED. A Judgment dismissing this action will be entered contemporaneously with this Order. FURTHER that Petitioner's Request for a Certificate of Appealability (Doc. 13 ) is DENIED. 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

WILLARD ALAN SMITH,

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Petitioner,
v.
LARRY DAIL,
Respondent.

1:13CV911

ORDER
On March 28, 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. 10 and 11.)

Petitioner

timely filed objections (Doc. 12) to the Recommendation.
This court has appropriately reviewed the portions of the
Recommendation to which objection was made and has made a
de novo determination which is in accord with the Magistrate
Judge=s Recommendation.

This court therefore adopts the

Recommendation.
IT IS THEREFORE ORDERED that Respondent’s Motion to Dismiss
(Doc. 6) is GRANTED, that the habeas corpus petition (Doc. 1) is
DENIED, and that this action is DISMISSED.

A Judgment

dismissing this action will be entered contemporaneously with
this Order.

IT IS FURTHER ORDERED that Petitioner’s Request for a
Certificate of Appealability (Doc. 13) is DENIED. 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 30th day of May, 2014.

_______________________________________
United States District Judge

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