LEAHY v. USA

Filing 23

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 20 Report and Recommendations on Motion to Vacate, Set Aside or Correct Sentence (2255); denying 22 Motion for Oral Argument/Hearing; denying 13 Motion to Dismiss. No Certificate of Appealability should issue because there is no substantial issue that could be presented on appeal. See Fed.R.App.P.22b-First Circuit Local rule 22.1 By JUDGE GEORGE Z. SINGAL. (kic)

UNITED STATES DISTRICT COURT District of Maine JESSE LEAHY, Plaintiff, v. UNITED STATES OF AMERICA, Defendant, ) ) ) ) ) ) ) ) ) )

Civil No. 08-340-P-S Crim. No. 04-24-P-S

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on May 5, 2009, her Recommended Decision (Docket No. 20). Plaintiff filed his Objection to the Recommended Decision (Docket No. 21) on May 22, 2009, which included a request for a hearing (Docket No. 22). 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 her 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. It is hereby ORDERED that Plaintiff's 28 U.S.C. § 2255 relief (Docket No. 13) and his request for a hearing (Docket No. 22) are DENIED.

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It is also ORDERED that a certificate of appealability shall not be issued in the event that Plaintiff files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the mean of 28 U.S.C. § 2253(c)(2).

/s/George Z. Singal_____________ U.S. District Judge Dated: June 22, 2009