STANDRING v. MAINE, STATE OF

Filing 9

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting 7 Report and Recommendations for 1 Petition for Writ of Habeas Corpus filed by IAN STANDRING and denying 8 Motion for Certificate of Appealability filed by IAN STANDRING. No Certificate of Appealability should issue because there is no substantial issue that could be presented on appeal. See Fed.R.App.P.22 and Rule 11 of the Rules Governing Proceedings Under 28 U.S.C. Section 2254 or Section 2255. See also First Circuit Local Rule 22.0.; denying 8 Motion for Certificate of Appealability; denying 1 Petition for Writ of Habeas Corpus. By JUDGE D. BROCK HORNBY. (mnw)

STANDRING v. MAINE, STATE OF

Doc. 9

UNITED STATES DISTRICT COURT DISTRICT OF MAINE IAN STANDRING, PETITIONER v. UNITED STATES OF AMERICA, RESPONDENT ) ) ) ) ) ) ) ) )

CIVIL NO. 10-321-B-H

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On October 1, 2010, the United States Magistrate Judge filed with the Court, with copies to the parties, her Recommended Decision on 28 U.S.C. § 2254 Petition. Standring did not file an objection to the Recommended

Decision, despite the Magistrate Judge's explicit direction that he must do so or waive his right to de novo review and to appeal the district court's order. Apparently Standring interpreted the Recommended Decision as a final decision and ignored the Notice at the end of the decision. Within the time to object, he requested a certificate of appealability "because I just received a notice of denial on my appeal of habeas corpus." If I treat his request for a certificate of appeal as both an objection to the Recommended Decision and a request for certificate of appealability if the Recommended Decision is affirmed, I nevertheless affirm the Magistrate Judge's Recommended Decision. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters

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adjudicated

by

the

Recommended

Decision;

and

I

concur

with

the

recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The petition for 28 U.S.C. § 2254 relief is DENIED. Further, I find that a certificate of appealability should not issue in the event that Standring 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. DATED THIS 27TH DAY OF OCTOBER, 2010 /S/ D. BROCK HORNBY_________ D. BROCK HORNBY UNITED STATES DISTRICT JUDGE

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