REESE v. BOUFFARD

Filing 52

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 51 Report and Recommendations for 33 Petition for Writ of Habeas Corpus filed by OLLAND REESE. 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 NANCY TORRESEN. (mnw)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE OLLAND REESE, Petitioner, v. RANDALL LIBERTY, Warden, Maine State Prison, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) Docket No. 1:13-cv-077-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On January 16, 2018, the United States Magistrate Judge filed with the court, with copy to the Petitioner, his Recommended Decision. Recommended Decision (ECF No. 51). ). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED and that the Petitioner’s 28 U.S.C. § 2254 Petition (ECF No. 1) be and hereby is DISMISSED with prejudice. 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/ Nancy Torresen United States Chief District Judge Dated this 14th day of February, 2018.

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