GAYTAN v. HARDEE

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATION signed by CHIEF JUDGE THOMAS D. SCHROEDER on 7/31/2018. It is ordered that Respondent's Motion for Summary Judgment (Doc. 6) be GRANTED, that the Petition (Doc. 1) be DISMISSED, and that this action be DISMISSED WITH PREJUDICE. A judgment dismissing this action will be entered contemporaneously with this Order.(Engle, Anita)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
JAVIER FLORES GAYTAN,
Petitioner,
v.
MICHAEL HARDEE,
Respondent.

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1:17CV979

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
May 15, 2018, was served on the parties in this action.
objected to the Recommendation.

Petitioner

(Doc. 14.)

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.

The

objections

do

not

change

the

substance of the Recommendation, which is ADOPTED.
IT IS THEREFORE ORDERED that Respondent’s Motion for Summary
Judgment (Doc. 6) be GRANTED, that the Petition (Doc. 1) be
DISMISSED, and that this action be DISMISSED WITH PREJUDICE.

A

judgment dismissing this action will be entered contemporaneously
with this Order.

Finding neither a 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.

/s/
Thomas D. Schroeder
United States District Judge
July 31, 2018

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