NELSON v. LIBERTY

Filing 17

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 13 Report and Recommendations. 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 GEORGE Z. SINGAL. (MSH)

UNITED STATES DISTRICT COURT
District of Maine

ROBERT LEE NELSON,
Petitioner
v.
RANDALL LIBERTY,
Respondent

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No. 1:16-cv-00261-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on December 9, 2016, his
Recommended Decision (ECF No. 13). Petitioner filed his Objection to the Recommended
Decision (ECF No. 16) on January 4, 2017.
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 hereby ORDERED that an evidentiary hearing is not warranted under Rule 8
of the Rules Governing Section 2254 cases.

3.

It is hereby ORDERED that Petitioner’s Petition for habeas relief under 28 U.S.C.
Section 2254 (ECF No. 1) is DENIED.

4.

It is hereby ORDERED that a certificate of appealability pursuant to Rule 11 of
the Rules Governing Section 2254 cases is 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).

/s/George Z. Singal_____________
U.S. District Judge
Dated this 9th day of January, 2017.