Rodriguez-Alvarez v. U.S.

Full title: CARLOS ALBERTO RODRIGUEZ-ALVAREZ, Petitioner, v. UNITED STATES OF AMERICA…

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

Date published: Jan 22, 2004

1:03CV00730, 1:01CR198-1 (M.D.N.C. Jan. 22, 2004)

Opinion

1:03CV00730, 1:01CR198-1

January 22, 2004

ORDER

NORWOOD TILLEY, Chief Judge, District

On November 3, 2003, the Recommendation of the United States Magistrate Judge was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. Thereafter, the Court received petitioner's objections to the Recommendation.

The Court has appropriately reviewed petitioner's objections de novo and finds they do not change the substance of the United States Magistrate Judge's rulings which are affirmed and adopted.

NOW, THEREFORE, pursuant to the Recommendation of the United States Magistrate Judge, it is ORDERED that petitioner's motion to vacate, set aside or correct sentence (docket no. 41) is denied, that this action is dismissed, and that 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 denied.