YORK v. DISMUKES

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RICHARD TODD YORK, )
)
Petitioner, )
)
v. ) 1:25-cv-372
)
LESLIE DISMUKES, )
)
Respondent. )
ORDER
The matter is before this court for review of the
Recommendation (“Recommendation”) filed on November 5, 2025, by
the United States Magistrate Judge in accordance with 28 U.S.C.
§ 636(b). (Doc. 15.) In the Recommendation, the Magistrate Judge
recommends that Respondent’s Motion to Dismiss be granted, that
Petitioner’s grounds for relief in his filings are time-barred
and his motion to amend and motion to address should be denied
as futile, and this action be dismissed. The Recommendation was
served on the parties in this action on November 5, 2025. (Doc.
16.) Petitioner timely filed objections, (Doc. 18), to the
Recommendation.
This court is required to “make a de novo determination of
those portions of the [Magistrate Judge’s] report or specified
proposed findings or recommendations to which objection is made.”
28 U.S.C. § 636(b)(1). This court “may accept, reject, or modify,
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in whole or in part, the findings or recommendations made by the
[M]agistrate [J]udge. . . . [O]r recommit the matter to the
[M]agistrate [J]udge with instructions.” Id.
This court has appropriately reviewed the portions of the
Recommendation to which the objections were made and has made a
de novo determination which is in accord with the Magistrate
Judge’s Recommendation. This court therefore adopts the
Recommendation.
IT IS THEREFORE ORDERED that the Magistrate Judge’s
Recommendation, (Doc. 15), is ADOPTED. IT IS FURTHER ORDERED
that Respondent’s Motion to Dismiss on Statute of Limitations,
Procedural Default, and Cognizability Grounds, (Doc. 10), is
GRANTED, Petitioner’s Motion to Amend, (Doc. 7), and Motion to
Address, (Doc. 12) are DENIED, and the Petition, (Doc. 1), 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 filed
contemporaneously with this Order.
This the 12th day of January, 2026.
__________________________________
United States District Judge
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