GAKUBA v. ATTORNEY GENERAL OF THE STATE OF MAINE

Filing 18

ORDERING REGARDING RECOMMENDED DECISION & OTHER PENDING MOTIONS denying as moot 3 Motion for Filing Privileges ; denying as moot 4 Motion for Fee-Free PACER ; denying as moot 2 Motion to Proceed without Prepayment of Fees and Costs adopting Report and Recommended Decision re 1 PETITION for Writ of Habeas Corpus. 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 GEORGE Z. SINGAL. (lrt)

Download PDF
Case 2:23-cv-00009-GZS Document 18 Filed 01/19/23 Page 1 of 2 PageID #: 7500 UNITED STATES DISTRICT COURT DISTRICT OF MAINE PETER GAKUBA, Petitioner, v. ATTORNEY GENERAL OF THE STATE OF MAINE, Defendant. ) ) ) ) ) Docket no. 2:23-cv-00009-GZS ) ) ) ) ) ORDERING REGARDING RECOMMENDED DECISION & OTHER PENDING MOTIONS On January 18, 2023, the United States Magistrate Judge filed with the Court his Recommended Decision (ECF No. 16). That same day, Petitioner filed his Objection to the Recommended Decision (ECF No. 17), which notably consists of 386 pages. Thereafter, counsel for Defendant notified the Clerk’s Office that Defendant would not file any written response to this Objection. The Court has reviewed and considered the Objection, along with the entire voluminous record. Having made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision, the Court concurs with the recommendations of the Magistrate Judge for the reasons set forth in that order. As a result, the Court determines that no further proceedings are necessary with respect to this Recommended Decision. It is therefore ORDERED that: 1. The Recommended Decision (ECF No. 16) is hereby AFFIRMED. 2. An evidentiary hearing is not warranted under Rule 8 of the Rules Governing Section 2254 cases. Case 2:23-cv-00009-GZS Document 18 Filed 01/19/23 Page 2 of 2 PageID #: 7501 3. Petitioner’s Motion for habeas relief pursuant to 28 U.S.C. § 2254 (ECF No. 1) is hereby DISMISSED. 4. Petitioner’s Application to Proceed Without Prepayment of Fees & Costs (ECF No. 2), Motion for CM/ECF Filing Privileges (ECF No. 3), Motion for Fee-Free PACER (ECF No. 4) are all DENIED as MOOT. A certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2255 Cases is hereby DENIED 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/ George Z. Singal United States District Judge Dated this 19th day of January, 2023. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?