LANE v. LANDRY

Filing 10

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: 7 adopting Report and Recommended Decision re Motion for Oral Argument/Hearing filed by JOHN AMOS LANE, 1 Petition for Writ of Habeas Corpus By JUDGE NANCY TORRESEN. (mjlt)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JOHN AMOS LANE,
Petitioner,
v.
SCOTT LANDRY, Superintendent
of the Maine Correctional Center,
Respondent.

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Civil No. 2:15-cv-036-NT

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on May 28,
2015 his Recommended Decision (ECF No. 8).

The Respondent filed his

Objection to the Recommended Decision (ECF No. 9) on June 5, 2014.
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 his
Recommended Decision, and determine that no further proceeding is
necessary. It is therefore ORDERED that the Recommended Decision of the
Magistrate Judge is hereby AFFIRMED.
The Respondent’s Motion to Dismiss is DENIED to the extent it seeks
dismissal based on equitable tolling. The Respondent shall inform the Court

by July 31, 2015 whether it will seek summary dismissal on the merits. The
Petitioner’s Motion for an evidentiary hearing is DENIED without prejudice.
SO ORDERED.
/s/ Nancy Torresen
United States Chief District Judge
Dated this 13th day of July, 2015.

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