ALLARD v. USA

Filing 4

ORDER adopting 3 Report and Recommended Decision for 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by CLEMENT ALLARD; ORDER dismissing 1 Motion to Vacate, Set Aside or Correct Sentence. 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 CLEMENT ALLARD, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Criminal No. 07-11-B-W-01 Civil No. 08-320-B-W

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision filed October 20, 2008, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Plaintiff's 28 U.S.C. § 2255 Motion be and hereby is 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 12th day of November, 2008