WARMKE v. BARNHART, No. 1:2011cv00370 - Document 20 (D. Me. 2012)

Court Description: AMENDED ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 16 Report and Recommendations. 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 D. BROCK HORNBY. (mnw)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE GREG JAMES WARMKE, PETITIONER v. PATRICIA BARNHART, Warden, Maine State Prison, RESPONDENT ) ) ) ) ) ) ) ) ) ) CIVIL NO. 1:11-CV-370-DBH AMENDED1 ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On March 6, 2012, the United States Magistrate Judge filed with the court, with copies to the parties her Recommended Decision on the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody. The petitioner filed his objection to the Recommended Decision on March 26, 2012. 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. 1 The order is amended to correctly reflect the respondent in the case caption as Patricia Barnhart, Warden, Maine State Prison rather than United States of America. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. § 2254, WITH PREJUDICE, The petitioner is DENIED relief under 28 U.S.C. and the petition is DISMISSED. Finally, I find that no certificate of appealability shall 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). SO ORDERED. DATED THIS 29TH DAY OF MARCH, 2012 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2

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