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16-981 - VALENTE v. PERRY

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16-981 - VALENTE v. PERRY
January 5, 2017
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ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 1/5/2017; that Petitioner's motion to expand the record (Docket Entry 10) is GRANTED to the extent Petitioner seeks to supplement the record as explained above, and DENIED in all other respects also for the reasons set forth above. RECOMMENDED that Respondent's Motion for Summary Judgment (Docket Entry 4) be GRANTED, that the Petition (Docket Entry 1) be DENIED, and that Judgment be entered dismissing this action. (Sheets, Jamie)
February 17, 2017
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ORDER signed by JUDGE LORETTA C. BIGGS on 2/17/2017 adopting the Magistrate Judge's Recommendation 11; Petitioner's motion to supplement (ECF No. 14) is GRANTED. The court has considered Petitioner's supplementation and concluded that it entitles Petitioner to no relief. FURTHER that Respondent's motion for summary judgment (ECF No. 4) is GRANTED, the Petition (ECF No. 1) is DENIED, and that this action is 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. (Sheets, Jamie)