SANTIAGO v. STATE OF MAINE

Filing 16

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 12 Report and Recommendations. No Certificate of Appealability shall 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.; dismissing 1 Petition for Writ of Habeas Corpus By JUDGE GEORGE Z. SINGAL. (MSH)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

PEDRO E. SANTIAGO,
Petitioner
v.
STATE OF MAINE,
Respondent

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No. 1:12-cv-00339-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on May 13, 2013, her Recommended
Decision (ECF No. 12). Petitioner filed his Objection to the Recommended Decision (ECF No. 14)
on May 31, 2013.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together
with the entire record; I have made a de novo determination of all matters adjudicated by the
Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United
States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that
no further proceeding is necessary.
1.

It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is hereby AFFIRMED.

2.

It is hereby ORDERED that the Respondent’s Motion to Dismiss (ECF No. 5) is
GRANTED WITH PREJUDICE.

3.

It is hereby ORDERED that no certificate of appealability shall issue in the event
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).

/s/George Z. Singal_____________
U.S. District Judge
Dated this 4th day of June, 2013.