WILCOX v. LIBERTY et al, No. 2:2017cv00313 - Document 14 (D. Me. 2018)
Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: 12 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.; dismissing 1 Petition for Writ of Habeas Corpus By JUDGE JON D. LEVY. (akr)
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WILCOX v. LIBERTY et al Doc. 14 UNITED STATES DISTRICT COURT DISTRICT OF MAINE TIMOTHY T. WILCOX, Petitioner, v. RANDALL LIBERTY, Respondent. ) ) ) ) ) 2:17-cv-00313-JDL ) ) ) ) ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed his Recommended Decision on Timothy T. Wilcox’s Petition pursuant to 28 U.S.C.A. § 2254 (ECF No. 12) on May 8, 2018, pursuant to 28 U.S.C.A. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). The Petitioner filed an Objection to the Recommended Decision on May 23, 2018 (ECF No. 13). 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 United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge (ECF No. 12) is hereby ACCEPTED, and the Petitioner’s 28 U.S.C.A. § 2254 Petition (ECF No. 1) is DISMISSED. It is further ORDERED that no certificate of Dockets.Justia.com 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). SO ORDERED. Dated this 19th day of June, 2018. /s/ JON D. LEVY U.S. DISTRICT JUDGE 2
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