COOKSON v. MAGNUSSON, No. 1:2019cv00170 - Document 61 (D. Me. 2021)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 21 Report and Recommendations for 1 Petition for Writ of Habeas Corpus filed by JEFFREY A COOKSON. 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. (mnd)
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COOKSON v. MAGNUSSON Doc. 61 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ) JEFFREY COOKSON, ) ) Petitioner, ) ) v. ) ) ) WARDEN, MAINE STATE PRISON, ) ) Respondent. ) Docket No. 1:19-cv-00170-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE Petitioner Jeffrey Cookson seeks relief pursuant to 28 U.S.C. § 2254 (ECF No. 1) from a state court conviction and sentence. On February 24, 2020, the United States Magistrate Judge filed with the Court, with copy to the Petitioner, his Recommended Decision on Petitioner’s request for relief pursuant to 28 U.S.C. § 2254. Recommended Decision (ECF No. 21). Following nine extensions of time to file objections, the Petitioner filed an objection to the Recommended Decision on May 14, 2021 (ECF No. 60). 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 his Recommended Decision, and determine that no further proceeding is necessary. Dockets.Justia.com It is therefore ORDERED that the Petitioner’s objection is OVERRULED and that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The Petitioner’s 28 U.S.C. § 2254 petition (ECF No. 1) is hereby DISMISSED with prejudice. It is further ORDERED that no certificate of 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. § 2253(c)(2). SO ORDERED. /s/ Nancy Torresen United States District Judge Dated this 22nd day of June, 2021. 2
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