PEREZ v. PERRY

Filing 13

ORDER signed by JUDGE JAMES A. BEATY, JR on 2/10/2015 adotpting the Magistrate Judge's Recommendation 10 ; that Respondent's Motion to Dismiss [Doc. # 6 ] is GRANTED and that the Petition [Doc. # 2 ] is DENIED. 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
JUAN CELSO ZAVALETA PEREZ,
Petitioner,
v.
FRANK L. PERRY,
Respondent.

)
)
)
)
)
)

1:14CV311

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 January 28, 2015, was served on the parties in this
action. Petitioner objected to the Recommendation. [Doc. # 12.]
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 Respondent’s Motion to Dismiss [Doc. # 6] is
GRANTED and that the Petition [Doc. # 2] is DENIED. 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.

United States District Judge

Date: February 10, 2015