FORTUNE v. MAINE DEPARTMENT OF CORRECTIONS

Filing 11

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting 9 Report and Recommendations re 1 Petition for Writ of Habeas Corpus filed by DANIEL FORTUNE. 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 NANCY TORRESEN. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
DANIEL FORTUNE,
Petitioner,
v.
MAINE DEPT. OF CORRECTIONS,
Respondent.

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Civil No. 2:18-CV-157-NT

ORDER AFFIRMING THE RECOMMENDED
DECISION OF THE MAGISTRATE JUDGE
On July 30, 2018, the United States Magistrate Judge filed with the court,
with copies to the parties, his Recommended Decision. Recommended Decision (ECF
No. 9). On August 17, 2018, the Petitioner filed an objection to the Recommended
Decision (ECF No. 10). 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. I concur with the recommendations of
the United States Magistrate Judge.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby AFFIRMED. The Petitioner’s complaint is DISMISSED and,
because there is no substantial showing of the denial of a constitutional right within
the meaning of 28 U.S.C. § 2253(c)(2), no certificate of appealability shall issue.
SO ORDERED.
/s/ Nancy Torresen__________________
United States Chief District Judge
Dated this 30th day of August, 2018.