DOWNIE v. STATE OF MAINE

Filing 4

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 2 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. By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JAFFAR DOWNIE,
PETITIONER
V.

STATE OF MAINE,
RESPONDENT

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CIVIL NO. 2:18-CV-187-DBH

ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On May 14, 2018, the United States Magistrate Judge filed with the court,
with a copy to the petitioner, his Recommended Decision on Habeas Petition.
The petitioner filed an objection to the Recommended Decision on June 7, 2018.
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 ADOPTED. An evidentiary hearing is not warranted under Rule
8 of the Rules Governing Section 2254 Cases. The petitioner’s motion for habeas
relief under 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE. No certificate of
appealability pursuant to Rule 11 of the Rules Governing Section 2254 Cases
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). The petitioner
must pursue his remedies in state court.
SO ORDERED.
DATED THIS 25TH DAY OF JUNE, 2018
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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