HOWZE v. BARNHART, No. 2:2010cv00492 - Document 12 (D. Me. 2011)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 10 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. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE DAMON HOWZE, PETITIONER v. PATRICIA BARNHART, WARDEN, MAINE STATE PRISON, RESPONDENT ) ) ) ) ) ) ) ) ) ) CIVIL NO. 10-492-P-H ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On March 21, 2011, the United States Magistrate Judge filed with the court, with copies to the parties, her Amended Recommended Decision on 28 U.S.C. § 2254 Petition. The petitioner filed his objection to the Recommended Decision on April 6, 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. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The petitioner s request for 28 U.S.C. § 2254 relief is DENIED. Finally, I find that no certificate of appealability shall 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). SO ORDERED. DATED THIS 13TH DAY OF APRIL, 2011 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2
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