FRALEY v. PERRY

Filing 15

ORDER signed by JUDGE THOMAS D. SCHROEDER on 9/14/2015 adopting the Magistrate Judge's Recommendation 12 ; that Respondent's Motion for Summary Judgment (Doc. 7 ) be GRANTED and that the petition be DISMISSED WITH PREJUDICE. Finding neither a 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. A Judgment dismissing this action will be entered contemporaneously with this Order. (Sheets, Jamie)

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

SHAWN G. FRALEY,

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Petitioner,
v.
FRANK L. PERRY,
Respondent.

1:14CV947

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
August

6,

2015,

was

served

on

the

parties

Plaintiff objected to the Recommendation.

in

this

action.

(Doc. 14.)

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, which is in accord with the Magistrate
Judge’s report.

The court therefore adopts the Magistrate Judge’s

Recommendation. 1
IT IS THEREFORE ORDERED that Respondent’s Motion for
Summary Judgment (Doc. 7) be GRANTED and that the petition be
DISMISSED WITH PREJUDICE.

Finding neither a substantial issue for

appeal concerning the denial of a constitutional right affecting

1 In doing so, the court notes that the Recommendation’s reference to case
10CRS2867 (Doc. 12 at 1) is a typographical error and should read case 10CRS2876.
(See Doc. 14 at 2.)

the conviction nor a debatable procedural ruling, a certificate of
appealability is not issued.
A

Judgment

dismissing

this

action

will

be

contemporaneously with this Order.

/s/
Thomas D. Schroeder
United States District Judge
September 14, 2015

2

entered