CLOUGH v. USA

Filing 5

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 2 Report and Recommendations; Denying 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by DAVID CLOUGH FINCH. 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. (lrc)

UNITED STATES DISTRICT COURT DISTRICT OF MAINE DAVID CLOUGH, Plaintiff v. UNITED STATES OF AMERICA, Defendant ) ) ) ) ) ) ) )

Crim. No. 05-101-P-S Civil No. 08-415-P-S

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (Docket No. 2) filed December 8, 2008, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED that the 28 U.S.C. §2255 motion is DENIED and that the motion is summarily dismissed pursuant to Rule Governing Section 2255 Proceedings 4. Should a notice of appeal be filed, no certificate of appealability shall be issued 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 __ United States District Judge Dated this 2nd day of February, 2009.