BATTLE V. SUPERINTENDENT CHARLESTON CORRECTIONAL FACILITY

Filing 14

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 13 Report and Recommendations; dismissing 3 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 GEORGE Z. SINGAL. (MSH)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JOSEPH M. BATTLE, JR.,
Petitioner,
v.
SUPERINTENDENT, CHARLESTON
CORRECTIONAL FACILITY,
Respondent

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No.

1:17-cv-00185-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
No objections having been filed to the Magistrate Judge's Recommended
Decision (ECF No. 13) filed August 30, 2017, the Recommended Decision is
AFFIRMED.
Accordingly, it is ORDERED:
(1) That an evidentiary hearing is not warranted under Rule 8 of the Rules
Governing §2254 cases;
(2) It is ORDERED that Petitioner’s Motion for Habeas Relief under 28 U.S.C.
§2254 (ECF No. 3) is DISMISSED;
(3) It is ORDERED that a certificate of appealability shall be DENIED pursuant
to Rule 11 of the Rules Governing §2254 cases 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
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United States District Judge
Dated this 27th day of September, 2017.