MCCURDY v. STATE OF MAINE, No. 2:2019cv00511 - Document 12 (D. Me. 2020)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE approving 10 Report and Recommendations for 1 Petition for Writ of Habeas Corpus filed by PRESCOTT MCCURDY 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 LANCE E. WALKER. (CJD)

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MCCURDY v. STATE OF MAINE Doc. 12 Case 2:19-cv-00511-LEW Document 12 Filed 05/19/20 Page 1 of 2 PageID #: 137 UNITED STATES DISTRICT COURT DISTRICT OF MAINE PRESCOTT MCCURDY, Petitioner, v. STATE OF MAINE, Respondent ) ) ) ) ) ) ) ) ) 2:19-CV-00511-LEW ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On March 18, 2020, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on 28 U.S.C. § 2254 Petition. The Petitioner filed an objection to the Recommended Decision on May 7, 2020. 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 AFFIRMED and ADOPTED. The motion for habeas relief under 28 U.S.C. § 2254 is DENIED and DISMISSED without an evidentiary hearing. Dockets.Justia.com Case 2:19-cv-00511-LEW Document 12 Filed 05/19/20 Page 2 of 2 PageID #: 138 It is further ORDERED that no certificate of appealability will issue from this Court because the Petitioner has not made a 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 May, 2020. /s/ Lance E. Walker U.S. DISTRICT JUDGE 2

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