BERRY v. STATE OF MAINE

Filing 8

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE dismissing 1 Petition for Writ of Habeas Corpus; adopting Report and Recommended Decision re 6 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 NANCY TORRESEN. (slg)

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TIMOTHY A. BERRY,
Petitioner,
v.
STATE OF MAINE,
Respondent.

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ORDER AFFIRMING THE RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On December 14, 2021, the United States Magistrate Judge filed with the
Court, with a copy to the Petitioner, his decision recommending dismissal of the
Petitioner’s habeas petition (ECF No. 6). The time within which to file objections has
expired, and no objections have been filed. The Magistrate Judge notified the
Petitioner that failure to object would waive his right to de novo review and appeal.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby ADOPTED. The Petitioner’s 28 U.S.C. § 2254 petition (ECF No. 1)
is hereby DISMISSED with prejudice.
It is further ORDERED that no certificate of appealability should issue in the
event the Petitioner files a notice of appeal because no jurist of reason would find the

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correctness of this ruling to be debatable. See Slack v. McDaniel, 529 U.S. 473, 484
(2000).

SO ORDERED.
/s/ Nancy Torresen
United States District Judge
Dated this 10th day of January, 2022.

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