TRACY v. MURPHY et al

Filing 5

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE denying 2 Motion for Instant Hearing; adopting Report and Recommended Decision re 4 Report and Recommendations for 1 Petition for Writ of Habeas Corpus, filed by PAUL DAVID TRA CY, [ 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.; denying 1 Petition for Writ of Habeas Corpus By JUDGE NANCY TORRESEN. (dfr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
PAUL DAVID TRACY,
Petitioner,
v.
THE HON. MICHAELA MURPHY,
et al.,
Respondents

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) Docket no. 1:14-cv-00336-NT
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ORDER AFFIRMING THE RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On September 19, 2014, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Decision (ECF No. 4). 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 AFFIRMED.
It is further ORDERED that:
1. The petition for habeas relief under 28 U.S.C. section 2254 be
DISMISSED;
2. A certificate of appealability pursuant to Rule 11 of the Rules
Governing Section 2254 Cases be DENIED because there is no
substantial showing of the denial of a constitutional right within the
meaning of 28 U.S.C. § 2253(c)(2); and
3. The Petitioner’s motion for instant hearing (ECF No. 2) be DENIED.
SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 8th day of October, 2014.