United States District Court, M.D. North Carolina
May 28, 2014
JOHN EDWARD KUPLEN, Petitioner,
FRANK PERRY, Respondent.
WILLIAM L. OSTEEN, Jr., District Judge.
On April 24, 2014, the United States Magistrate Judge's Memorandum Opinion, Order and Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 6 and 7.) Petitioner timely filed objections (Doc. 8) to the Recommendation.
This court has appropriately reviewed the portions of the Recommendation to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's Recommendation. This court therefore adopts the Recommendation.
IT IS THEREFORE ORDERED that Petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. 2) is DENIED and that this action is dismissed. 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.