HAIZLIP v. VALLIERE

Filing 14

ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 02/25/2019 adopting the Magistrate Judge's Recommendation, that Respondent's Motion for Summary Judgment (Doc. 5 ) is GRANTED and that judgment shall b e entered against Petitioner. 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 DENIED. (Garland, Leah)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

DWAYNE DUMONT HAIZLIP,
Petitioner,
v.
JOSEPH VALLIERE,
Respondent.

)
)
)
)
)
)
)
)
)

1:18CV187

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
January 14, 2019, was served on the parties in this action.
11, 12.)

Petitioner objected to the Recommendation.

(Docs.

(Doc. 13.)

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 for Summary
Judgment (Doc. 5) is GRANTED and that judgment shall be entered
against Petitioner.

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
DENIED.

/s/
Thomas D. Schroeder
United States District Judge
February 25, 2019

2