DOUCETTE v. MAGNUSSON, No. 2:2020cv00198 - Document 9 (D. Me. 2021)
Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting 8 Report and Recommendations re 1 Petition for Writ of Habeas Corpus filed by JEFFREY DOUCETTE. 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 D. BROCK HORNBY. (clp)
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DOUCETTE v. MAGNUSSON Doc. 9 Case 2:20-cv-00198-DBH Document 9 Filed 02/16/21 Page 1 of 1 PageID #: 62 UNITED STATES DISTRICT COURT DISTRICT OF MAINE JEFFREY DOUCETTE, PLAINTIFF V. MARTIN MAGNUSSON, DEFENDANT ) ) ) ) ) ) ) ) ) CIVIL NO. 2:20-CV-198-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On January 29, 2021, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Decision on 28 U.S.C. § 2554 Petition. The time within which to file objections expired on February 12, 2021, and no objection has 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 motion for habeas relief under 28 U.S.C. § 2254 is DISMISSED without an evidentiary hearing. No certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2254 Cases 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). SO ORDERED. DATED THIS 16TH DAY OF FEBRUARY, 2021 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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