govinfo:USCOURTS-ncmd-1_25-cv-00693-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA 
 
LUKE BRANDON BUSKIRK, 
   
  Plaintiff, 
 
  v. 
 
LESLIE COOLEY-DISMUKES, 
  
 Defendants. 
 
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1:25-cv-693 
 
 
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 
Case 1:25-cv-00693-LAF-JGM     Document 12     Filed 04/28/26     Page 1 of 2
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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 
Case 1:25-cv-00693-LAF-JGM     Document 12     Filed 04/28/26     Page 2 of 2

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