DEGENNARO v. STATE OF MAINE

Filing 37

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE 24 Report and Recommendations and 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)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
PETER DEGENNARO,
Petitioner,
v.
STATE OF MAINE,
Respondent

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No. 2:15-cv-381-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on May 3, 2016, his
Recommended Decision (ECF No. 24). Petitioner filed his Objection to the Recommended
Decision (ECF No. 34) on July 14, 2016.
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.
Accordingly, it is ORDERED that:
(1) An evidentiary hearing is not warranted under Rule 8 of the Rules Governing Section
2254 cases;
(2) the Petitioner’s pending Section 2254 Motion (ECF No. 1) is hereby DISMISSED;

(3) a certificate of appealability is DENIED pursuant to Rule 11 of the Rules Governing
Section 2254 cases because there is no substantial showing of the denial of a
constitutional right within the meaning of 28 U.S. §2253(c)(2).

_/s/ George Z. Singal
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United States District Judge
Dated this 19th day of July, 2016.