PEGRAM v. WHITENER

Filing 11

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN, JR on 09/14/2015 adopting the Magistrate Judge's Recommendation, that Respondent's Motion to Dismiss (Doc. 4 ) is GRANTED, that Petitioner's Petition under 28 U.S.C. § 2254 fo r Writ of Habeas Corpus (Doc. 1 ) is DENIED, and that this action is DISMISSED. 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
ROBY LEE PEGRAM,

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Petitioner,
v.
KEITH WHITENER,
Respondent.

1:15CV96

ORDER
On August 6, 2015, the United States Magistrate Judge=s
Recommendation was filed and notice was served on the parties
pursuant to 28 U.S.C. § 636.

(Docs. 8, 9.)

Petitioner timely

filed objections (Doc. 10) to the Recommendation.
This court has appropriately reviewed the portions of the
Recommendation to which objections were 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. 4) is GRANTED, that Petitioner’s Petition under 28 U.S.C.
§ 2254 for Writ of Habeas Corpus (Doc. 1) is DENIED, and that
this action is DISMISSED.

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 14th day of September, 2015.

_______________________________________
United States District Judge

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