GRIBBIN v. STATE OF MAINE, No. 1:2022cv00335 - Document 6 (D. Me. 2022)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting 4 Report and Recommendations and dismissing 1 Petition for Writ of Habeas Corpus filed by HOWARD GRIBBIN. 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. (slg)

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GRIBBIN v. STATE OF MAINE Doc. 6 UNITED STATES DISTRICT COURT DISTRICT OF MAINE HOWARD GRIBBIN, Petitioner, v. STATE OF MAINE, Respondent. ) ) ) ) ) Docket No. 1:22-cv-00335-NT ) ) ) ) ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On November 7, 2022, the United States Magistrate Judge filed with the Court, with copies to the Petitioner, his Recommended Decision After Preliminary Review of Petition for Writ of Habeas Corpus (ECF No. 4). The Petitioner filed an objection to the Recommended Decision on November 17, 2022 (ECF No. 5). 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 Magistrate Judge’s Recommended Decision; and I concur with the recommendations of the Magistrate Judge for the reasons set forth in the Recommended Decision and determine that no further proceeding is necessary. It is therefore ORDERED that the Petitioner’s objection is OVERRULED and that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. Dockets.Justia.com The Petitioner’s 28 U.S.C. § 2254 petition (ECF No. 1) is hereby DISMISSED without prejudice. 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 9th day of December, 2022. 2

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