GRAY v. BARNHART
Filing
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ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re:dismissing 1 Petition for Writ of Habeas Corpus; adopting Report and Recommended Decision re 16 Report and Recommendations. No Certificate of Appealability should issue becaus e 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 NANCY TORRESEN. (mjlt)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JOHN GRAY,
Petitioner,
v.
PATRICIA BARNHART,
Respondent.
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Civil No. 1:12-CV-00373-NT
ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on April 4,
2013 her Recommended Decision.
The Plaintiff filed his objection to the
Recommended Decision on April 23, 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 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 further ORDERED that the Petitioner’s 28 U.S.C. § 2254
Petition (ECF No. 1) be and hereby is DISMISSED WITH
PREJUDICE as time-barred, and relief is DENIED.
3. It is further ORDERED that no certificate of appealability should
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issue in the event the Plaintiff 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/ Nancy Torresen
NANCY TORRESEN
UNITED STATES DISTRICT JUDGE
Dated this 6th day of May, 2013.
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