RAYE v. UNITED STATES OF AMERICA

Filing 6

ORDER adopting Report and Recommended Decision re 5 Report and Recommendations and summarily DISMISSING 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by JAMES W RAYE. 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 JAMES W. RAYE, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Civil No. 08-248-B-W Crim. No. 03-90-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Amended Recommended Decision filed August 21, 2008, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Petitioner's 28 U.S.C. § 2255 Petition be and hereby is summarily DISMISSED (Docket # 1). 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. UNITED STATES DISTRICT JUDGE Dated this 10th day of September, 2008