DOWEY v. MAINE, STATE OF

Filing 17

ORDER adopting Report and Recommended Decision re 15 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.; denying 2 Petition for Writ of Habeas Corpus By JUDGE NANCY TORRESEN. (rmb)

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UNITED STATES DISTRICT COURT DISTRICT OF MAINE JOCELYN DOWEY, Petitioner, v. STATE OF MAINE, Respondent ) ) ) ) ) Docket no. 2:15-cv-138-NT ) ) ) ) ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On September 15, 2015, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on the Petitioner’s request for relief pursuant to 28 U.S.C. § 2254. The Petitioner filed an objection to the Recommended Decision on October 1, 2015. 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 AFFIRMED. It is ORDERED that Petitioner’s 28 U.S.C. § 2254 Motion (ECF Nos. 2 and 2-1) is DENIED. It is ORDERED that no certificate of appealibility shall issue because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2). SO ORDERED. /s/ Nancy Torresen United States Chief District Judge Dated this 16th day of October, 2015. 2

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