HYDE-EL v. POOLE

Filing 22

ORDER signed by JUDGE LORETTA C. BIGGS on 07/26/2017 adopting the Magistrate Judge's Recommendation, that Petitioner's Omnibus Motion (ECF No. 10 ) is DENIED, Respondent's Motion for Summary Judgment (ECF No. 5 ) is GRANTED, the Pe tition (ECF No 1 ), as amended, is DENIED, and that Judgment is 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. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
MASON WHITE HYDE-EL,
Petitioner,
v.
KATIE POOLE,
Respondent.

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1:16CV1376

ORDER
The Order and Recommendation of the United States Magistrate Judge was filed with
the court in accordance with 28 U.S.C. ' 636(b) and, on June 20, 2017, was served on the
parties in this action. (ECF Nos. 17, 18.) Petitioner objected to the Recommendation.
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 Petitioner=s Omnibus Motion (ECF No. 10) is
DENIED, Respondent=s Motion for Summary Judgment (ECF No. 5) is GRANTED, the
Petition (ECF No 1), as amended, is DENIED, and that Judgment is 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 26th day of July, 2017.

/s/ Loretta C. Biggs
United States District Judge

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