BATTLE V. SUPERINTENDENT CHARLESTON CORRECTIONAL FACILITY, No. 1:2017cv00185 - Document 14 (D. Me. 2017)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 13 Report and Recommendations; dismissing 3 Petition for Writ of Habeas Corpus; 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 GEORGE Z. SINGAL. (MSH)
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BATTLE V. SUPERINTENDENT CHARLESTON CORRECTIONAL FACILITY Doc. 14 UNITED STATES DISTRICT COURT DISTRICT OF MAINE JOSEPH M. BATTLE, JR., Petitioner, v. SUPERINTENDENT, CHARLESTON CORRECTIONAL FACILITY, Respondent ) ) ) ) ) ) ) ) ) No. 1:17-cv-00185-GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (ECF No. 13) filed August 30, 2017, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED: (1) That an evidentiary hearing is not warranted under Rule 8 of the Rules Governing §2254 cases; (2) It is ORDERED that Petitioner’s Motion for Habeas Relief under 28 U.S.C. §2254 (ECF No. 3) is DISMISSED; (3) It is ORDERED that a certificate of appealability shall be DENIED pursuant to Rule 11 of the Rules Governing §2254 cases because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2). _/s/ George Z. Singal __ United States District Judge Dated this 27th day of September, 2017. Dockets.Justia.com
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