EASTMAN v. STATE OF MAINE, No. 2:2019cv00416 - Document 8 (D. Me. 2019)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 7 Report and Recommendations for 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 NANCY TORRESEN. (mnw)
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EASTMAN v. STATE OF MAINE Doc. 8 UNITED STATES DISTRICT COURT DISTRICT OF MAINE TY B. EASTMAN, Petitioner, v. STATE OF MAINE, Respondent. ) ) ) ) ) ) ) ) ) ) Docket No. 2:19-cv-00416-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Petitioner Ty B. Eastman seeks relief pursuant to 28 U.S.C. § 2254 (ECF No. 1). The United States Magistrate Judge filed with the Court on November 7, 2019, his Recommended Decision on Petitioner’s request for relief pursuant to 28 U.S.C. § 2254 (ECF No. 7). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge notified the Petitioner that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED and the State’s Motion to Dismiss is GRANTED 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 Dockets.Justia.com within the meaning of 28 U.S.C. § 2253(c)(2). SO ORDERED. /s/ Nancy Torresen_______________ United States District Judge Dated this 5th day of December, 2019. 2
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