LANE v. LANDRY, No. 2:2015cv00036 - Document 37 (D. Me. 2017)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: 36 Report and Recommendations and dismissing 1 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 NANCY TORRESEN. (mjlt)
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LANE v. LANDRY Doc. 37 UNITED STATES DISTRICT COURT DISTRICT OF MAINE JOHN AMOS LANE, Petitioner, v. SCOTT LANDRY, Respondent. ) ) ) ) ) ) ) ) ) Docket No. 2:15-cv-036-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on 28 U.S.C. § 2254 his Recommended Decision (ECF No. 36). 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. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is further ORDERED that the Petitioner’s 28 U.S.C. § 2254 Petition (ECF No. 1) be and hereby is DISMISSED with prejudice. 3. It is further ORDERED that no certificate of appealability should issue in the event the Plaintiff files a notice of appeal because there is no substantial showing of the denial of a constitutional right Dockets.Justia.com within the meaning of 28 U.S.C. § 2253(c)(2). SO ORDERED. /s/ Nancy Torresen_______________ United States Chief District Judge Dated: May 9, 2017
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