Brown v. Ricci

Filing 15

Judge Richard G. Stearns: ORDER ON REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE, ENTERED. Action on motion: granting 9 Motion to Dismiss; Adopting 14 Report and Recommendations. "...Any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C., Sec. 2253 is DENIED...(Flaherty, Elaine)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 11-11154-RGS MICHAEL R. BROWN, Petitioner v. SANDRA RICCI, Respondent ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE January 10, 2012 STEARNS, D.J. I agree with Magistrate Judge Collings’ analysis and his determination that petitioner Michael Brown has failed (perhaps understandably given the complex procedural posture of his case) to exhaust his state remedies in that no constitutional claim cognizable in this court has yet been presented to any state court. Consequently, his Recommendation is ADOPTED and the petition is DISMISSED without prejudice.1 Any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 is DENIED, the court seeing no meritorious or substantial basis 1 Petitioner has filed a pro se Objection essentially expressing his frustration with the state court’s handling of his appeals, but without impeaching in any fundamental way the Magistrate Judge’s conclusions. supporting an appeal. The Clerk is instructed to close the case. SO ORDERED. /s/ Richard G. Stearns _______________________________ UNITED STATES DISTRICT JUDGE 2

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