FREEMAN v. STATE OF MAINE

Filing 26

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE, adopting 21 Report and Recommended Decision, dismissing 20 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. (ccs)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ANDREW J. FREEMAN,
Petitioner,
v.
STATE OF MAINE,
Respondent.

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1:16-cv-00523-JAW

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on June 6, 2017 his
Recommended Decision (ECF No. 21). The Petitioner filed his objections to the
Recommended Decision on July 26, 2017 (ECF No. 25).

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 (ECF No. 21) is hereby AFFIRMED.
2. It is further ORDERED that the Petitioner’s 28 U.S.C. § 2254 Amended
Petition (ECF No. 20) be and hereby is DISMISSED.
3. 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.
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of August, 2017

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