FORTUNE v. MAINE DEPARTMENT OF CORRECTIONS, No. 2:2018cv00157 - Document 11 (D. Me. 2018)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 9 Report and Recommendations re 1 Petition for Writ of Habeas Corpus filed by DANIEL FORTUNE. 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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FORTUNE v. MAINE DEPARTMENT OF CORRECTIONS Doc. 11 UNITED STATES DISTRICT COURT DISTRICT OF MAINE DANIEL FORTUNE, Petitioner, v. MAINE DEPT. OF CORRECTIONS, Respondent. ) ) ) ) ) ) ) ) ) Civil No. 2:18-CV-157-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On July 30, 2018, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision. Recommended Decision (ECF No. 9). On August 17, 2018, the Petitioner filed an objection to the Recommended Decision (ECF No. 10). I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision. I concur with the recommendations of the United States Magistrate Judge. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. The Petitioner’s complaint is DISMISSED and, because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2), no certificate of appealability shall issue. SO ORDERED. /s/ Nancy Torresen__________________ United States Chief District Judge Dated this 30th day of August, 2018. Dockets.Justia.com
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