THUN v. MAINE, No. 2:2009cv00085 - Document 19 (D. Me. 2009)

Court Description: ORDER Affirming the Recommended Decision of the Magistrate Judge re 9 Report and Recommendations. 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. ORDER denying 1 Petition for Writ of Habeas Corpus By JUDGE GEORGE Z. SINGAL. (nrg)

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UNITED STATES DISTRICT COURT District of Maine WILLIAM JOHN THUN, Petitioner v. STATE OF MAINE, Respondent ) ) ) ) ) ) ) ) ) ) Civil No. 09-85-P-S ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on July 28, 2009, her Recommended Decision (Docket No. 9). Petitioner filed his Objection to the Recommended Decision (Docket No. 18) on December 14, 2009. 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 her Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is hereby ORDERED that Petitioner s 28 U.S.C. § 2254 Petition (Docket No. 1) is DENIED. 3. Further, a certificate of appealability shall not issue in the event 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). /s/George Z. Singal_____________ U.S. District Judge Dated: December 15, 2009

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