DOLLIVER v. UNITED STATES OF AMERICA

Filing 13

ORDER adopting 11 Report and Recommended Decision for 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by DARRELL DOLLIVER. ORDER denying 1 Motion to Vacate, Set Aside or 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 DARRELL DOLLIVER, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Civil No. 08-244-B-W Criminal No. 04-77-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on December 11, 2008 her Recommended Decision. The Plaintiff filed his objections to the Recommended Decision on January 5, 2009. 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 her Recommended Decision, and determine that no further proceeding is necessary. 1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 2. It is further ORDERED that the Petitioner's 28 U.S.C. § 2255 Petition (Docket # 1) be and hereby is DENIED. 3. 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).

SO ORDERED. /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. CHIEF UNITED STATES DISTRICT JUDGE Dated this 3rd day of February, 2009

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