PENMAN v. MORIN, No. 1:2019cv00545 - Document 19 (D. Me. 2020)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 14 Report and Recommendations for 1 Petition for Writ of Habeas Corpus; denying for 10 Motion for Leave to File for Default and S ummary Judgment. No Certificate of Appealability should issue because there is no substantial issue that could be presented on appeal. See Fed.R.App.P.22 and Rule 11 of the Rules Governing Proceedings Under 28 U.S.C. Section 2254 or Section 2255. See also First Circuit Local Rule 22.0. By JUDGE NANCY TORRESEN. (mnd)
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PENMAN v. MORIN Doc. 19 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ROGER PENMAN, Petitioner, v. JEFFREY MORIN, Respondent. ) ) ) ) ) ) ) ) ) ) Docket No. 1:19-cv-00545-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Petitioner Roger Penman seeks relief pursuant to 28 U.S.C. § 2254 (ECF No. 1). Petitioner also moves for discovery (ECF No. 8) and moves for default judgment (ECF No. 10). The State contends the petition was not timely filed in accordance with 28 U.S.C. § 2244(d) and asks the Court to dismiss the petition (ECF No. 3). The United States Magistrate Judge filed with the Court on April 3, 2020, his Recommended Decision on Petitioner’s request for relief pursuant to 28 U.S.C. § 2254 (ECF No. 14). The Petitioner filed an objection to the Recommended Decision on April 17, 2020 (ECF No. 18). I have reviewed and considered the Magistrate Judge’s Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge’s Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no Dockets.Justia.com further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED and the State’s Motion to Dismiss is GRANTED, the Petitioner’s Motion for Discovery is DENIED, the Petitioner’s Motion for Default Judgment is DENIED. It is further ORDERED that no certificate of appealability should issue in the event the Petitioner files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2). SO ORDERED. /s/ Nancy Torresen_______________ United States District Judge Dated this 27th day of April, 2020. 2
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