Carlsen v. DiPaola

Filing 25

Judge Richard G. Stearns: ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE, ENTERED. for #14 Motion to Dismiss filed by James V. DiPaola, #17 Report and Recommendations, "ADOPTED AND THE PETITION IS DISMISSED WITH PREJUDICE....Any request for the issuance of a Certificate of Appealability is DENIED." cc: Mr. Jeffrey Paul Carlsen(Flaherty, Elaine)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 11-11498-RGS
JEFFREY PAUL CARLSEN,
Petitioner
v.
JAMES V. DiPAOLA,
Respondent
ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
November 4, 2011
STEARNS, D.J.
As I agree with Magistrate Judge Collings’ Report and his determination that
petitioner has failed to exhaust his state remedies, the Recommendation is ADOPTED
and the petition is DISMISSED with prejudice.1 See McFarland v. Scott, 512 U.S.
849, 856 (1994) (habeas petition may be dismissed if it appears to be legally
insufficient on its face). 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 for an appeal. The Clerk is instructed to close the case.

1

Petitioner has filed a lengthy objection that repeats the substance of his petition
without addressing in any meaningful way the substance of the Report.

SO ORDERED.
/s/ Richard G. Stearns
_______________________________
UNITED STATES DISTRICT JUDGE

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