PELLETIER v. STATE OF FLORIDA, No. 1:2022cv00298 - Document 3 (D. Me. 2022)
Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE accepting 2 Report and Recommended Decision; dismissing 1 Petition for Writ of Habeas Corpus. 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 JON D. LEVY. (clp)
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PELLETIER v. STATE OF FLORIDA Doc. 3 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ROLAND PELLETIER, Petitioner, v. STATE OF FLORIDA, Respondent. ) ) ) ) ) 1:22-cv-298-JDL ) ) ) ) ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Roland Pelletier filed a petition (ECF No. 1) for a Writ of Habeas Corpus under 28 U.S.C.A. § 2241 (West 2022). United States Magistrate Judge John C. Nivison filed his Recommended Decision on Pelletier’s petition on September 29, 2022 (ECF No. 2), pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2022) and Rule 8(b) of the Rules Governing Section 2254 Cases. 1 Neither party filed an objection to the Recommended Decision. The Magistrate Judge provided notice that a party’s failure to object would waive the right to de novo review and appeal. I have reviewed and considered the Magistrate Judge’s Recommended Decision, together with the entire record and have made a de novo determination of all matters adjudicated by the Magistrate Judge’s Recommended Decision. I concur with the recommendations of the Magistrate Judge for the reasons set forth in his Recommended Decision, and I determine that no further proceeding is necessary. 1 Although Pelletier’s petition was brought under 28 U.S.C.A. § 2241, the Rules Governing Section 2254 cases apply to his petition. See Rule 1(b); Bramson v. Winn, 136 F. App’x 380, 382 (1st Cir. 2005). Dockets.Justia.com It is therefore ORDERED that the Recommended Decision of the Magistrate Judge (ECF No. 2) is hereby ACCEPTED, and the Petitioner’s 28 U.S.C.A. § 2241 petition (ECF No. 1) is DISMISSED. 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.A. § 2253(c)(2) (West 2022). SO ORDERED. Dated this 10th day of November, 2022. /s/ JON D. LEVY CHIEF U.S. DISTRICT JUDGE 2
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