MANLEY v. LIBERTY

Filing 9

ORDER affirming Recommended Decision of the Magistrate Judge re 5 Report and Recommendations dismissing 1 Petition for Writ of Habeas Corpus, filed by JAMES M MANLEY. 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 D. BROCK HORNBY. (jwr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JAMES M. MANLEY,
PETITIONER
V.

RANDALL LIBERTY,
RESPONDENT

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CIVIL NO. 1:16-CV-249-DBH

ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On February 10, 2017, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Decision on 28 U.S.C. § 2254
Petition.

The plaintiff filed an objection to the Recommended Decision on

March 9, 2017. 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. An evidentiary hearing is not warranted under Rule
8 of the Rules Governing Section 2254 Cases. The petition for habeas relief
under 28 U.S.C. § 2254 is DENIED, and the petition is DISMISSED. A certificate of

appealability pursuant to Rule 11 of the Rules Governing Section 2254 Cases
shall not issue 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.
DATED THIS 28TH DAY OF MARCH, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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