BATHGATE v. LANDRY
Filing
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ORDER adopting 10 Report and Recommended Decision for 1 Petition for Writ of Habeas Corpus filed by PETER GEORGE BATHGATE, II; 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 JOHN A. WOODCOCK, JR. (MFS)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
PETER GEORGE BATHGATE, II,
Petitioner,
v.
SCOTT LANDRY,
Respondent.
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2:15-cv-00221-JAW
ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on February
9, 2016 his Recommended Decision (ECF No. 10). The Petitioner filed his
objections to the Recommended Decision on March 25, 2016 (ECF No. 13). 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.
1. It is therefore ORDERED that the Recommended Decision of the
Magistrate Judge is hereby AFFIRMED.
2. It is further ORDERED that the Petitioner’s 28 U.S.C. § 2254
Petition (ECF No. 1) be and hereby is DISMISSED.
3. It is further ORDERED that no certificate of appealability should
issue in the event the Plaintiff 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).
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 4th day of April, 2016
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