FOX v. CUMBERLAND COUNTY JAIL, No. 2:2021cv00197 - Document 3 (D. Me. 2021)

Court Description: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 2 Report and Recommendations. 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; and dismissing 1 Petition for Writ of Habeas Corpus. By JUDGE NANCY TORRESEN. (slg)

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FOX v. CUMBERLAND COUNTY JAIL Doc. 3 Case 2:21-cv-00197-NT Document 3 Filed 09/16/21 Page 1 of 2 PageID #: 9 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ELWOOD IAN LLEWELLYN FOX, Petitioner, v. CUMBERLAND COUNTY JAIL, Respondent. ) ) ) ) ) Docket No. 2:21-cv-00197-NT ) ) ) ) ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On August 17, 2021, the United States Magistrate Judge filed with the Court, with copies to the parties, his Recommended Decision (ECF No. 2). 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 petition for a writ of habeas corpus (ECF No. 1) is hereby DISMISSED. It is further ORDERED that no certificate of appealability should issue in the event the Petitioner files a notice of appeal because no reasonable jurist would find Dockets.Justia.com Case 2:21-cv-00197-NT Document 3 Filed 09/16/21 Page 2 of 2 PageID #: 10 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 16th day of September, 2021.

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