SIMMONS v. STATE OF MAINE, No. 1:2011cv00419 - Document 17 (D. Me. 2012)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 13 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.; denying 1 Petition for Writ of Habeas Corpus By JUDGE NANCY TORRESEN. (dfr)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE LEWIS SIMMONS Petitioner, v. STATE OF MAINE, Respondent. ) ) ) ) ) ) ) ) ) Civil No. 1:11-cv-00419-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on June 8, 2012 her Report and Recommended Decision (Docket No. 13). The Petitioner filed his Objection to the Report and Recommended Decision (Docket No. 16) on July 18, 2012. 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. 1 2. It is further ORDERED that the Petitioner is denied relief under 28 U.S.C. ยง 2254, with prejudice, and his petition is DISMISSED. 3. It is further ORDERED that in the event the Petitioner files a notice of appeal, no certificate of appealability will issue. SO ORDERED. /s/ Nancy Torresen UNITED STATES DISTRICT JUDGE Dated this 21st day of August, 2012. 2
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