ALPINE v. SMITH, No. 1:2019cv00174 - Document 3 (D. Me. 2019)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 2 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 NANCY TORRESEN. (mnw)
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ALPINE v. SMITH Doc. 3 UNITED STATES DISTRICT COURT DISTRICT OF MAINE CHARLES ALPINE, Petitioner, v. JIMMY SMITH, Respondent. ) ) ) ) ) ) Docket no. 1:19-cv-174-NT ) ) ) ) ) ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On April 25, 2019, the United States Magistrate Judge filed with the court, with a copy to the Petitioner, his Recommended Decision on the Petitioner’s motion for habeas relief pursuant to 28 U.S.C. § 2241 (ECF No. 2). The time within which to file objections has expired, and no objection have been filed. The Magistrate Judge notified the Petitioner that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The Petitioner’s motion for habeas relief is DENIED (ECF no. 1). To the extent the Petitioner seeks to assert a claim under 42 U.S.C. § 1983, that claim is likewise DISMISSED. No certificate of appealability shall issue 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/ Nancy Torresen United States District Judge Dated this 21st day of May, 2019. Dockets.Justia.com