COLLINS v. WARDEN, MAINE STATE PRISON

Filing 21

ORDER affirming Report and Recommended Decision re 19 Report and Recommendations for 1 Petition for Writ of Habeas Corpus, 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 NANCY TORRESEN. (jgw)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE KEVIN COLLINS Plaintiff, v. RODNEY BOUFFARD, Warden, Maine State Prison, Defendant. ) ) ) ) ) ) ) ) ) ) Civil No. 1:14-cv-197-NT ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on December 1, 2014 his Recommended Decision (ECF No. 19). The Plaintiff filed his Objection to the Recommended Decision (ECF No. 20) on December 23, 2014. Defendant did not file a response to the Plaintiff’s Objection. 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 his 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 DENIED. 3. It is further ORDERED that no certificate of appealability should 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). /s/ Nancy Torresen United States Chief District Judge Dated this 20th day of January, 2015. 2

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