SMITH v. PERRY

Filing 5

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 01/06/2015, that the court therefore adopts the Recommendation, and that Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1 ) is DENIED and that this action is dismissed without prejudice. A Judgment dismissing this action will be entered contemporaneously with this Order. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

PAUL BRADY SMITH,

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Petitioner,
v.
FRANK PERRY,
Respondent.

1:14CV677

ORDER
On August 14, 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. 2 and 3.)

Petitioner

timely filed objections (Doc. 4) 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 Petitioner’s petition for a
writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 1) is DENIED
and that this action is dismissed without prejudice.

A Judgment

dismissing this action will be entered contemporaneously with
this Order.

This the 6th day of January, 2015.

_______________________________________
United States District Judge

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