SANDERS v. HUNTER et al

Filing 5

ORDER adopting 4 Report and Recommended Decision for 1 Petition for Writ of Habeas Corpus filed by GARY LYNN SANDERS and 2 Motion for Instant Hearing filed by GARY LYNN SANDERS; dismissing 1 Petition for Writ of Habeas Corpus; denying 2 Mo tion for Instant Hearing. 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
GARY LYNN SANDERS,

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Petitioner,
v.
ALLAN HUNTER, et al.,
Respondents.

1:14-cv-00329-JAW

ORDER AFFIRMING THE RECOMMENDED
DECISION OF THE MAGISTRATE JUDGE
No objection having been filed to the Magistrate Judge’s Recommended
Decision filed September 19, 2014, the Recommended Decision is accepted.
Accordingly, it is hereby ORDERED that the Petitioner’s 28 U.S.C. §
2254 Petition (ECF No. 1) be and hereby is DIMISSED.

It is further

ORDERED that the Petitioner’s Motion for Instant Hearing (ECF No. 2) 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 17th day of October, 2014