CLARK v. MAGNUSSON, No. 1:2019cv00102 - Document 32 (D. Me. 2020)

Court Description: ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE dismissing 1 Petition for Writ of Habeas Corpus re 28 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 JON D. LEVY. (aks)

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CLARK v. MAGNUSSON Doc. 32 UNITED STATES DISTRICT COURT DISTRICT OF MAINE STEVEN CLARK, Petitioner, v. MATT MAGNUSSON, Warden, Maine State Prison, Respondent. ) ) ) ) ) 1:19-cv-00102-JDL ) ) ) ) ) ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE United States Magistrate Judge John C. Nivison filed his Recommended Decision on Steven Clark’s 28 U.S.C.A. § 2254 Petition on November 21, 2019 (ECF No. 28), pursuant to 28 U.S.C.A. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b). Neither party filed an objection to the Recommended Decision. I have reviewed and considered the Magistrate Judge’s Recommended Decision, together with the entire record including the Memorandum of Law that was the subject of Petitioner’s Motion to Amend (ECF No. 20). I have made a de novo determination of all matters adjudicated by the Magistrate Judge’s Recommended Decision. I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in his Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge (ECF No. 28) is hereby ACCEPTED, and the Petitioner’s 28 U.S.C.A. § 2254 Petition (ECF No. 1) is DISMISSED. It is further ORDERED that no certificate of Dockets.Justia.com 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.A. § 2253(c)(2). SO ORDERED. Dated this 1st day of April, 2020. /s/ JON D. LEVY CHIEF U.S. DISTRICT JUDGE 2

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