MAHER v. MAINE

Filing 15

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 9 Report and Recommendations; denying 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.22b-First Circuit Local rule 22.1. By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT District of Maine LAWRENCE MAHER, Petitioner, v. STATE OF MAINE, Respondent ) ) ) ) ) ) ) ) ) )

Civil No. 09-134-P-S

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on July 7, 2009, her Recommended Decision (Docket No. 9). Petitioner filed his Objection to the Recommended Decision (Docket No. 14) on October 16, 2009. 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. 2. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED. It is hereby ORDERED that Petitioner's 28 U.S.C. § 2254 Petition (Docket No. 1) is DENIED.

3.

It is further ORDERED that a certificate of appealability shall not issue in the event that 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/George Z. Singal_____________ U.S. District Judge Dated: October 19, 2009