FLOOD v. BARNHART, No. 1:2011cv00032 - Document 28 (D. Me. 2011)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 20 Report and Recommendations, denying 4 Petition for Writ of Habeas Corpus, denying 2 Motion to Stay, denying 23 Motion for Oral Argument/Hearing, Motion for Production of Documents. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE ANDREW FLOOD, PETITIONER v. PATRICIA BARNHART, WARDEN, MAINE STATE PRISON, RESPONDENT ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:11-cv-32-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On May 31, 2011, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on 28 U.S.C. § 2254 Petition and Memorandum Decision on Motion to Reconsider Regarding Bail and Appointment of Counsel. The petitioner filed objections to both on June 30, 2011. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. The petition for § 2254 relief is DENIED. I have reviewed and considered the Memorandum Decision. I concur with the Magistrate Judge s Memorandum Decision because it is neither clearly erroneous nor contrary to law. The motion to appoint counsel and reconsider the denial of bail is DENIED. The petitioner s motion for hearing and production of documents is DENIED. SO ORDERED. DATED THIS 5TH DAY OF JULY, 2011 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
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