WILLIAMS v. LIBERTY
ORDER Affirming 10 Report and Recommended Decision; dismissing 1 Petition for Writ of Habeas Corpus. 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. (jgd)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TIMOTHY J. WILLIAMS,
Warden, Maine State Prison,
ORDER AFFIRMING THE RECOMMENDED
DECISION OF THE MAGISTRATE JUDGE
No objection having been filed to the Magistrate Judge’s Recommended
Decision filed April 27, 2017, the Recommended Decision is accepted.
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.
Accordingly, it is hereby ORDERED that the Petitioner’s 28 U.S.C. §
2254 Petition (ECF No. 1) be and hereby is DISMISSED.
It is further
Although Petitioner named the Warden of the Maine State Prison as Respondent, the
State of Maine represents that when it filed its response, Petitioner was incarcerated at the
Charleston Correctional Facility. Resp’t’s Mot. to Dismiss/Answer to Pet. for Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 at 1, n.1 (ECF No. 5).
ORDERED that no certificate of appealability should issue in the event the
Petitioner 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).
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 4th day of August, 2017
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