ORMSBY v. STATE OF MAINE, No. 2:2020cv00319 - Document 10 (D. Me. 2021)
Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 8 Report and Recommendations for 1 Petition for Writ of Habeas Corpus filed by THAYNE ORMSBY. 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. (mnd)
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ORMSBY v. STATE OF MAINE Doc. 10 Case 2:20-cv-00319-NT Document 10 Filed 03/15/21 Page 1 of 2 PageID #: 135 UNITED STATES DISTRICT COURT DISTRICT OF MAINE THAYNE ORMSBY, Petitioner, v. STATE OF MAINE, Respondent. ) ) ) ) ) ) ) ) ) ) Docket No. 2:20-cv-00319-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on January 28, 2021, his Recommended Decision granting the Respondent’s motion to dismiss and dismissing the Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 8). The Petitioner filed an objection to the Recommended Decision on February 11, 2021 (ECF No. 9). 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. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED and the Petitioner’s 28 U.S.C. § 2254 Petition (ECF No. 1) is DISMISSED. It is further ORDERED that no Dockets.Justia.com Case 2:20-cv-00319-NT Document 10 Filed 03/15/21 Page 2 of 2 PageID #: 136 certificate of appealability should issue in the event the Petitioner files a notice of appeal because no jurist of reason would find the correctness of this ruling to be debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). SO ORDERED. /s/ Nancy Torresen United States District Judge Dated this 15th day of March, 2021. 2
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