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15-127 - LOPEZ v. MCKOY

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15-127 - LOPEZ v. MCKOY
December 14, 2015
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RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 12/14/2015, that Respondent's Motion to Dismiss (Docket Entry 5) be GRANTED, that the Petition (Docket Entry 2) be DISMISSED, and that judgment be entered dismissing this action.(Taylor, Abby)
January 29, 2016
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ORDER signed by JUDGE LORETTA C. BIGGS on 01/29/2016, that Court therefore adopts the Magistrate Judge's Recommendation, and that Respondent's motion to dismiss this action (ECF No. 5) be GRANTED, that the Petition (ECF No. 2) be DENIED, and that this action be dismissed with prejudice. 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. (Taylor, Abby)