Simmons v. Grondolsky

Filing 16

Judge Richard G. Stearns: ORDER entered ON REPORT AND RECOMMENDATIONS 15 of the Magistrate Judge; Case Closed.(Seelye, Terri)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 12-10515-RGS
ANTONIO T. SIMMONS,
Petitioner
v.
J. GRONDOLSKY,
Respondent
ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
November 5, 2012
STEARNS, D.J.
As I agree with Magistrate Judge Bowler’s Report and her determination that the
respondent Warden of FMC has correctly concluded that petitioner Simmons is
ineligible for early release under Bureau of Prisons regulations because of his prior
state conviction for aggravated assault, the Recommendation is ADOPTED and the
petition is DISMISSED with prejudice.1 Cf. Lopez v. Davis, 531 U.S. 230, 244 (2001).
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.

1

I note that petitioner had lodged no objections to the Report by the date when
such were due.

The Clerk is instructed to close the case.
SO ORDERED.
/s/ Richard G. Stearns
_______________________________
UNITED STATES DISTRICT JUDGE

2