HINES v. STATE OF MAINE

Filing 6

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 2 Report and Recommendations for 1 Petition for Writ of Habeas Corpus filed by JOHN T HINES. No Certificate of Appealability should iss ue 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 D. BROCK HORNBY. (mnw)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE JOHN T. HINES, PETITIONER V. STATE OF MAINE, RESPONDENT ) ) ) ) ) ) ) ) ) CIVIL NO. 1:15-CV-378-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On September 24, 2015, the United States Magistrate Judge filed with the court, with a copy to the petitioner’s counsel, his Recommended Decision on 28 U.S.C. § 2254 Petition. The petitioner filed an objection to the Recommended Decision on October 20, 2015. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The petitioner’s motion for habeas relief under 28 U.S.C. § 2254 is DISMISSED and I DENY a certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2254 Cases. SO ORDERED. DATED THIS 20TH DAY OF OCTOBER, 2015 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE

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