MANDARELLI v. WARDEN, MAINE STATE PRISON

Filing 6

ORDER adopting 4 Report and Recommended Decision for 1 Petition for Writ of Habeas Corpus and 3 Motion to Extend Time filed by JOHN FRANK MANDARELLI, JR.; dismissing 1 Petition for Writ of Habeas Corpus; denying as moot 3 Motion to Extend T ime. 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
JOHN FRANK MANDARELLI, JR.,

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Petitioner,
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v.
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WARDEN, MAINE STATE PRISON, )
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Respondent.
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1:14-cv-00418-JAW

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on October
29, 2014 his Recommended Decision (ECF No. 4).

The Plaintiff filed his

objections to the Recommended Decision on November 17, 2014 (ECF No. 5).
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 DISMISSED.

3. It is further ORDERED that the Petitioner’s Motion to Extend
Time (ECF No. 3) be and hereby is DENIED as moot.
4. 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).
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 18th day of November, 2014

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