FLOOD v. BARNHART

Filing 28

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 20 Report and Recommendations, denying 4 Petition for Writ of Habeas Corpus, denying 2 Motion to Stay, denying 23 Motion for Oral Argument/Hearing, Motion for Production of Documents. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ANDREW FLOOD,
PETITIONER
v.
PATRICIA BARNHART, WARDEN,
MAINE STATE PRISON,
RESPONDENT

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CIVIL NO. 1:11-cv-32-DBH

ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On May 31, 2011, the United States Magistrate Judge filed with the
court, with copies to the parties, his Recommended Decision on 28 U.S.C.
§ 2254 Petition and Memorandum Decision on Motion to Reconsider Regarding
Bail and Appointment of Counsel. The petitioner filed objections to both on
June 30, 2011.
I have reviewed and considered the Recommended Decision, together
with the entire record; I have made a de novo determination of all matters
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. The petition for § 2254 relief is DENIED.
I have reviewed and considered the Memorandum Decision.

I concur

with the Magistrate Judge’s Memorandum Decision because it is neither clearly

erroneous nor contrary to law. The motion to appoint counsel and reconsider
the denial of bail is DENIED.
The petitioner’s motion for hearing and production of documents is
DENIED.
SO ORDERED.
DATED THIS 5TH DAY OF JULY, 2011
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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