HUTCHINSON v. PONTE

Filing 7

ORDER adopting 6 Report and Recommended Decision for 1 Petition for Writ of Habeas Corpus filed by MICHAEL HUTCHINSON; 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.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. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL HUTCHINSON, Plaintiff, v. JOSEPH PONTE, Defendant. ) ) ) ) ) ) ) ) ) 1:12-cv-00321-JAW ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objection having been filed to the Magistrate Judge’s Recommended Decision filed January 11, 2013, the Recommended Decision is accepted. Accordingly, it is hereby ORDERED that the Defendant’s 28 U.S.C. § 2254 Petition (ECF No. 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. CHIEF UNITED STATES DISTRICT JUDGE Dated this 20th day of February, 2013

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