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Rayo v. Perry

United States District Court, Middle District of North Carolina

March 25, 2015

TEODORO CAMPOS RAYO, Petitioner,
v.
FRANK L. PERRY, Respondent.

ORDER

LORETTA C. BIGGS UNITED STATES 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 February 9, 2015, was served on the parties in this action. Petitioner filed objections to the Recommendation. (Docs. 12, 13.) The Court has appropriately reviewed the portions of the Magistrate Judge’s Memorandum Opinion and Recommendation to which objection was made and has made a de novo determination in accord with the Magistrate Judge’s Memorandum Opinion and Recommendation. The Court therefore adopts the Magistrate Judge’s Memorandum Opinion and Recommendation.

IT IS THEREFORE ORDERED that Respondent's Motion for Summary Judgment (Doc. 5) is GRANTED and that the Petition (Doc. 2) 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.


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