Opinion
1:22-cv-973
09-04-2024
JAMES L. MURPHY, Petitioner, v. STATE OF NORTH CAROLINA, Respondent.
ORDER
On July 17, 2024, the United States Magistrate Judge's Recommendation (“Recommendation”) was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. (Docs. 9, 10.) No objections were filed within the time limits prescribed by Section 636.
Therefore, the court need not make a de novo review and the Magistrate Judge's Recommendation is hereby adopted.
IT IS THEREFORE ORDERED that the Magistrate Judge's Recommendation, (Doc. 9), is ADOPTED. IT IS FURTHER ORDERED that Respondent's Motion for Summary Judgment, (Doc. 6), is GRANTED, that the Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody, (Doc. 1), is DENIED, and this action is hereby DISMISSED. The court further finds there is no substantial showing of the denial of a constitutional right affecting the conviction nor a debatable procedural ruling, therefore a certificate of appealability is not issued.
A Judgment dismissing this action will be entered contemporaneously with this Order.