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)

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

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