RAYE v. UNITED STATES OF AMERICA, No. 1:2008cv00248 - Document 6 (D. Me. 2008)
Court Description: ORDER adopting Report and Recommended Decision re 5 Report and Recommendations and summarily DISMISSING 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by JAMES W RAYE. No Certificate of Appealability should issue because there is no substantial issue that could be presented on appeal. See Fed.R.App.P.22b-First Circuit Local rule 22.1. By JUDGE JOHN A. WOODCOCK, JR. (MFS)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE JAMES W. RAYE, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Civil No. 08-248-B-W Crim. No. 03-90-B-W ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge s Amended Recommended Decision filed August 21, 2008, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Petitioner s 28 U.S.C. § 2255 Petition be and hereby is summarily DISMISSED (Docket # 1). 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/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE Dated this 10th day of September, 2008
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