COMMEAU v. MAGNUSSON, No. 1:2021cv00074 - Document 13 (D. Me. 2021)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 12 Report and Recommendations and 1 Petition for Writ of Habeas Corpus. No Certificate of Appealability should issue because there is no substantial issue that could be presen ted 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. (slg) Modified on 10/25/2021 correct title of order (slg).
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COMMEAU v. MAGNUSSON Doc. 13 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL COMMEAU, Petitioner, v. MATTHEW MAGNUSSON, Respondent. ) ) ) ) ) Docket No. 1:21-cv-00074-NT ) ) ) ) ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On September 27, 2021, the United States Magistrate Judge filed with the Court, with copies to the parties, his Recommended Decision on the Petitioner’s 28 U.S.C. § 2254 petition (ECF No. 12). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge notified the parties 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 28 U.S.C. § 2254 petition (ECF No. 1) is hereby DISMISSED with prejudice. Dockets.Justia.com 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 25th day of October, 2021. 2
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