ARBOUR v. UNITED STATES OF AMERICA

Filing 27

ORDER adopting 26 Report and Recommended Decision for 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by FRANK ARBOUR; ORDER denying 1 Motion to Vacate/Set Aside/Correct Sentence (2255). No Certificate of Appealability should issue because there is no substantial issue that could be presented on appeal. See Fed.R.App.P.22b-First Circuit Local rule 22.1 By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT DISTRICT OF MAINE FRANK ARBOUR, Petitioner, v. STATE OF MAINE, Respondent. ) ) ) ) ) ) ) ) )

CV-07-26-B-W CR-02-73-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objection having been filed to the Magistrate Judge's Recommended Decision filed October 23, 2009, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. It is further ORDERED that the Petitioner's 28 U.S.C. § 2255 Petition (Docket # 1) be and hereby is DENIED. It is further ORDERED that no certificate of appealability should issue in the event the Petitioner files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2). /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. CHIEF UNITED STATES DISTRICT JUDGE Dated this 12th day of November, 2009