BOLEN v. HOOKS

Filing 12

ORDER signed by JUDGE LORETTA C. BIGGS on 07/25/2017, that this action is DISMISSED without prejudice to Petitioner filing a new petition which corrects the defects of the current petition, and that, 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 DENIED. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JOSHUA BOLEN,
Petitioner,
v.
ERIC A. HOOKS,
Respondent.

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1:17CV347

ORDER
On June 23, 2017, the United States Magistrate Judge=s Recommendation was filed and
notice was served on Petitioner pursuant to 28 U.S.C. ' 636. Petitioner filed objections (ECF
Nos. 9, 10, 11) to the Recommendation within the time limit prescribed by Section 636. The
Court has reviewed Petitioner=s objections de novo and finds they do not change the substance
of the United States Magistrate Judge=s Recommendation (ECF No.7), which is hereby
affirmed and adopted.
IT IS THEREFORE ORDERED that this action is DISMISSED without prejudice
to Petitioner filing a new petition which corrects the defects of the current petition, and that,
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 DENIED.
This, the 25th day of July, 2017.
/s/ Loretta C. Biggs
United States District Judge