LOPEZ v. MCKOY

Filing 12

ORDER signed by JUDGE LORETTA C. BIGGS on 01/29/2016, that Court therefore adopts the Magistrate Judge's Recommendation, and that Respondent's motion to dismiss this action (ECF No. 5 ) be GRANTED, that the Petition (ECF No . 2 ) be DENIED, and that this action be dismissed with prejudice. 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
DORINDO ESQUIVEL LOPEZ,
Petitioner,
v.
T. McKOY,
Respondent.

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1:15CV127

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 December 14, 2015, was served on the parties in
this action. Petitioner objected to the Recommendation. (ECF No. 11.)
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 to dismiss this action
(ECF No. 5) be GRANTED, that the Petition (ECF No. 2) be DENIED, and that this action
be dismissed with prejudice.

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 29th day of January, 2016.
/s/ Loretta C. Biggs
United States District Judge

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