Luke Brandon Buskirk v. Leslie Cooley-Dismukes

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA LUKE BRANDON BUSKIRK, ) ) Plaintiff, ) ) v. ) 1:25-cv-693 ) LESLIE COOLEY-DISMUKES, ) ) Defendants. ) ORDER This matter is before the Court on the United States Magistrate Judge’s Memorandum Opinion and Recommendation (“Recommendation”) to dismiss the case as untimely under 28 U.S.C. § 2244(d)(1). The United States Magistrate Judge filed the Recommendation on March 5, 2026. See Dkt. 10. The Clerk’s office served notice on the parties, see Dkt. 11, and no objections were filed within the requisite time limits. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2). Therefore, the Court need not make a de novo determination, see 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(3), and “must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note to 1983 amendment). After due consideration, the Magistrate Judge’s Recommendation is hereby adopted in full.

IT IS THEREFORE ORDERED that the Magistrate Judge’s Recommendation, Dkt. 10, is ADOPTED. IT IS FURTHER ORDERED that this case is DISMISSED WITH PREJUDICE as untimely under 28 U.S.C. § 2244(d)(1).

The Court further finds that there is no substantial showing of the denial of a constitutional right affecting the conviction nor a debatable procedural ruling.

Accordingly, a certificate of appealability is not issued.

A Judgment dismissing this action will be entered contemporaneously with this Order.

This the 28th day of April, 2026.

LINDSEY A. FREEMAN UNITED STATES DISTRICT JUDGE