ERSKINE v. MAINE, STATE OF

Filing 15

ORDER adopting 13 Report and Recommended Decision for 1 Petition for Writ of Habeas Corpus filed by GREGORY D ERSKINE; denying 1 Petition for Writ of Habeas Corpus; 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 GREGORY D. ERSKINE, Petitioner, v. STATE OF MAINE, Respondent. ) ) ) ) ) ) ) ) )

Civil No. 08-313-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on November 12, 2008 her Recommended Decision (Docket # 13). The Petitioner filed his objections to the Recommended Decision (Docket # 14) on November 25, 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 and the State's Motion to Dismiss is GRANTED. 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 1st day of December, 2008

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