HOWZE v. BARNHART
Filing
12
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 10 Report and Recommendations. 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 D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DAMON HOWZE,
PETITIONER
v.
PATRICIA BARNHART, WARDEN,
MAINE STATE PRISON,
RESPONDENT
)
)
)
)
)
)
)
)
)
)
CIVIL NO. 10-492-P-H
ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On March 21, 2011, the United States Magistrate Judge filed with the
court, with copies to the parties, her Amended Recommended Decision on 28
U.S.C. § 2254 Petition. The petitioner filed his objection to the Recommended
Decision on April 6, 2011. I have reviewed and considered the Recommended
Decision, together with the entire record; I have made a de novo determination
of all matters adjudicated by the Recommended Decision; and I concur with the
recommendations of the United States Magistrate Judge for the reasons set
forth in the Recommended Decision, and determine that no further proceeding
is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The petitioner’s request for 28 U.S.C. § 2254 relief is
DENIED.
Finally, I find that no certificate of appealability shall issue in the event
the 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).
SO ORDERED.
DATED THIS 13TH DAY OF APRIL, 2011
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?