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)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MICHAEL HUTCHINSON,
Plaintiff,
v.
JOSEPH PONTE,
Defendant.

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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