Hughes v. Holt

Full title: DARRIN LAMONT HUGHES, Petitioner, v. CLINTON HOLT, Superintentent…

Court: United States District Court, M.D. North Carolina

Date published: Oct 5, 2004

No. 1:04CV00236 (M.D.N.C. Oct. 5, 2004)

Opinion

No. 1:04CV00236.

October 5, 2004

JUDGMENT

JAMES BEATY, District Judge

For the reasons set forth in the Order filed contemporaneously with this Judgment,

IT IS HEREBY ORDERED AND ADJUDGED that this action be, and the same hereby is, dismissed as time-barred. 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.

ORDER

On July 28, 2004, in accordance with 28 U.S.C. § 636(b), the Recommendation of the United States Magistrate Judge was filed and notice was served on the parties in this action and a copy was given to the court.

Within the time limitation set forth in the statute, Petitioner objected to the Recommendation.

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 which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's recommendation.

IT IS THEREFORE ORDERED that Petitioner's habeas corpus petition be dismissed as time-barred. 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.