RAYO v. PERRY

Filing 14

ORDER signed by JUDGE LORETTA C. BIGGS on 03/25/2015 adopting the Magistrate Judge's Memorandum Opinion and Recommendation; that Respondent's Motion for Summary Judgment (Doc. 5 ) 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. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
TEODORO CAMPOS RAYO,
Petitioner,
v.
FRANK L. PERRY,
Respondent.

)
)
)
)
)
)
)
)
)

1:14CV326

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 February 9, 2015, was served on the parties in
this action. Petitioner filed objections to the Recommendation. (Docs. 12, 13.) The Court
has appropriately reviewed the portions of the Magistrate Judge’s Memorandum Opinion and
Recommendation to which objection was made and has made a de novo determination in accord
with the Magistrate Judge’s Memorandum Opinion and Recommendation.

The Court

therefore adopts the Magistrate Judge’s Memorandum Opinion and Recommendation.
IT IS THEREFORE ORDERED that Respondent's Motion for Summary Judgment
(Doc. 5) 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.
This, the 25th day of March, 2015.
/s/ Loretta C. Biggs
United States District Judge