COMMEAU v. WARDEN, MAINE STATE PRISON

Filing 11

ORDER adopting Report and Recommended Decision re 9 Report and Recommendations for 1 Petition for Writ of Habeas Corpus, denying 1 Petition for Writ of Habeas Corpus filed by MICHAEL COMMEAU. 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 MICHAEL COMMEAU, Petitioner, v. JEFFREY MERRILL, WARDEN, MAINE STATE PRISON, Respondent. ) ) ) ) ) ) ) ) ) )

Civil No. 08-306-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on December 19, 2008 her Recommended Decision (Docket # 9). The Petitioner filed his objections to the Recommended Decision (Docket # 10) on December 30, 2008. 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. 2. 3. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. It is further ORDERED that the Petitioner's 28 U.S.C. § 2254 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).

SO ORDERED. /s/ John A. Woodcock, Jr. JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE Dated this 5th day of January, 2009

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