SMALL v. JOYCE, No. 2:2020cv00199 - Document 14 (D. Me. 2020)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 10 Report and Recommendations for 1 Petition for Writ of Habeas Corpus filed by IYASSU TAFORI SMALL. 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. (mnd)
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SMALL v. JOYCE Doc. 14 Case 2:20-cv-00199-NT Document 14 Filed 10/27/20 Page 1 of 1 PageID #: 87 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ) ) ) ) ) ) ) ) ) ) ) IYASSU TAFORI SMALL, Petitioner, v. KEVIN JOYCE, Respondent. Docket No. 2:20-cv-199-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On September 28, 2020, the United States Magistrate Judge filed with the court, with copy to the Petitioner, his Recommended Decision. Recommended Decision (ECF No. 10). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge notified the parties 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 ADOPTED and that the Petitioner’s 28 U.S.C. § 2254 Petition (ECF No. 1) be and hereby is DISMISSED with 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 within the meaning of 28 U.S.C. § 2253(c)(2). SO ORDERED. /s/ Nancy Torresen United States District Judge Dated this 27th day of October, 2020. Dockets.Justia.com
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