LINDSAY v. CASTELLOE

Filing 13

ORDER signed by JUDGE LORETTA C. BIGGS on 03/31/2016, that the Court therefore adopts the Magistrate Judges recommendation, and that Respondent's Motion for Summary Judgment (ECF No. 5 ) is GRANTED, and that the Petition (ECF No. 1 ) 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. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
THOMAS LINDSAY, JR.,
Petitioner,
v.
TOMMY CASTELLOE,
Respondent.

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1:15cv106

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 March 9, 2016, was served on the parties in this
action. (ECF Nos. 10, 11.) Petitioner objected to the Recommendation. (ECF No. 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 which is 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 for Summary Judgment
(ECF No. 5) is GRANTED, and that the Petition (ECF No. 1) 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 31st day of March, 2016.
/s/ Loretta C. Biggs
United States District Judge