United States District Court, M.D. North Carolina
January 21, 2015
ALBERTO MARQUEZ CRUZ, Petitioner,
BOB W. MARSHALL, FRANK L. PERRY, Respondents.
JAMES A. BEATY, Jr., District Judge.
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 9, 2015, was served on the parties in this action. Petitioner objected to the Recommendation. [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 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 to Dismiss [Doc. #6] is GRANTED and that Petitioner's Petition [Doc. #3] is DENIED. 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.