KINGSLEY v. STATE OF MAINE et al

Filing 13

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting 9 Report and Recommended Decision re 1 Petition for Writ of Habeas Corpus filed by ERIC KINGSLEY. 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. (mnd)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ERIC KINGSLEY,
Petitioner,
v.
STATE OF MAINE et al.,
Respondent.

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Docket No. 2:20-cv-00045-NT

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
Petitioner Eric Kingsley seeks relief pursuant to 28 U.S.C. § 2254 (ECF
No. 1) from a state court conviction and sentence. The United States
Magistrate Judge filed with the Court on August 12, 2020, his Recommended
Decision on Petitioner’s request for relief pursuant to 28 U.S.C. § 2254 (ECF
No. 9). The Petitioner filed an objection to the Recommended Decision on
September 1, 2020 (ECF No. 12).
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. It is therefore ORDERED that the
Recommended Decision of the Magistrate Judge is hereby AFFIRMED. 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.
§ 2253(c)(2).

SO ORDERED.
/s/ Nancy Torresen_______________
United States District Judge
Dated this 11th day of September, 2020.

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