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Smith v. Davis

United States District Court, M.D. North Carolina

July 2, 2015

DONALD R. SMITH, Petitioner,
v.
MICHAEL DAVIS, Respondent.

ORDER

LORETTA C. BIGGS, District Judge.

The Recommendation of the United States Magistrate Judge was filed with the Court in accordance with 28 U.S.C. ยง 636(b) and, on May 19, 2015, was served on the parties in this action. (ECF No. 11.) Petitioner filed Objections to the Recommendation. (ECF No. 13.)[1]

The Court has reviewed the Magistrate Judge's Recommendation and has made a de novo determination in accord with the Magistrate Judge's Recommendation. The Court therefore adopts the Magistrate Judge's Recommendation.

IT IS THEREFORE ORDERED that Respondent's Motion for Summary Judgment (ECF No. 6) is GRANTED and the Petition (ECF No. 1) 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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