WILCOX v. LIBERTY et al
Filing
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ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re: 12 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.; dismissing 1 Petition for Writ of Habeas Corpus By JUDGE JON D. LEVY. (akr)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TIMOTHY T. WILCOX,
Petitioner,
v.
RANDALL LIBERTY,
Respondent.
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) 2:17-cv-00313-JDL
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ORDER ACCEPTING THE RECOMMENDED DECISION OF THE
MAGISTRATE JUDGE
The United States Magistrate Judge filed his Recommended Decision on
Timothy T. Wilcox’s Petition pursuant to 28 U.S.C.A. § 2254 (ECF No. 12) on May 8,
2018, pursuant to 28 U.S.C.A. § 636(b)(1)(B) and Federal Rule of Civil Procedure
72(b). The Petitioner filed an Objection to the Recommended Decision on May 23,
2018 (ECF No. 13).
I have reviewed and considered the Magistrate Judge’s Recommended
Decision, together with the entire record and have made a de novo determination of
all matters adjudicated by the Magistrate Judge’s Recommended Decision. 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 (ECF No. 12) is hereby ACCEPTED, and the Petitioner’s 28 U.S.C.A. § 2254
Petition (ECF No. 1) is DISMISSED. It is further ORDERED that no certificate of
appealability should issue in the event the Petitioner 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.A. § 2253(c)(2).
SO ORDERED.
Dated this 19th day of June, 2018.
/s/ JON D. LEVY
U.S. DISTRICT JUDGE
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