INMAN v. LANDRY

Filing 51

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 49 Report and Recommendations; No evidentiary hearing is warranted under Rule 8 of the Rules Governing Section 2254 cases 44 Order to Show Cause; dismissing 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.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 GEORGE Z. SINGAL. (MSH)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE FRANK INMAN, Petitioner, v. SCOTT LANDRY, Respondent ) ) ) ) ) ) ) ) No. 2:15-cv-113--GZS ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE No objections having been filed to the Magistrate Judge's Recommended Decision (ECF No. 49) filed February 23, 2016, the Recommended Decision is AFFIRMED. Accordingly, it is ORDERED as follows: 1. An evidentiary hearing is not warranted under Rule 8 of the Rules Governing Section 2254 cases; 2. It is ORDERED that Petitioner’s 28 U.S.C. §2254 (ECF No. 1) Petition is DISMISSED; 3. It is ORDERED that a certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2254 Cases is DENIED 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 21st day of March, 2016.

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