United States District Court, M.D. North Carolina
May 30, 2014
WILLARD ALAN SMITH, Petitioner,
LARRY DAIL, Respondent.
WILLIAM OSTEEN, District Judge.
On March 28, 2014, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 10 and 11.) Petitioner timely filed objections (Doc. 12) 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 Respondent's Motion to Dismiss (Doc. 6) is GRANTED, that the habeas corpus petition (Doc. 1) is DENIED, and that this action is DISMISSED. A Judgment dismissing this action will be entered contemporaneously with this Order.
IT IS FURTHER ORDERED that Petitioner's Request for a Certificate of Appealability (Doc. 13) is DENIED. 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.