TILLEY v. MAINE STATE PRISON, No. 1:2011cv00210 - Document 20 (D. Me. 2011)

Court Description: AMENDED ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting Report and Recommended Decision re 17 Report and Recommendations. for 17 Report and Recommended Decision 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. (dfr)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE RONALD E. TILLEY, Petitioner, v. MAINE STATE PRISON, Respondent, ) ) ) ) ) Civil No. 1:11-cv-00210-NT ) ) ) AMENDED ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on October 5, 2011 her Recommended Decision. The Plaintiff filed his objections to the Recommended Decision on November 2, 2011. I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is further ORDERED that the Petitioner s 28 U.S.C. § 2254 Petition (Docket #1) be and hereby is DENIED with prejudice. 3. It is further ORDERED that no certificate of appealability should issue in the event the Plaintiff 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 30th day of November, 2011.

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