BAKER v. MITCHELL

Filing 12

ORDER signed by JUDGE LORETTA C. BIGGS on 01/20/2017, that Respondent's motion for summary judgment (ECF No. 4 ) be GRANTED, that the Petition (ECF No. 1 ) be DENIED, and that Judgment be entered dismissing this action. A judgment dismissin g 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
PHILLIP SCOTT BAKER,
Petitioner,
v.
DAVID MITCHELL, Superintendent
Lanesboro Correctional,
Respondent.

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1:16CV628

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 November 28, 2016, was served on the parties in this
action. (ECF Nos. 9, 10). Petitioner objected to the Recommendation. (ECF No. 11).
The court has appropriately reviewed the portions of the Magistrate Judge’s
Recommendation to which objection was made and has made a de novo determination which is in
accord with the Magistrate Judge’s Recommendation. The court therefore adopts the Magistrate
Judge’s Recommendation.
IT IS THEREFORE ORDERED that Respondent’s motion for summary judgment
(ECF No. 4) be GRANTED, that the Petition (ECF No. 1) be DENIED, and that Judgment be
entered dismissing this action.

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 20th day of January, 2017.
/s/ Loretta C. Biggs
United States District Judge