Carlsen v. DiPaola

Filing 35

Judge Richard G. Stearns: ORDER entered. ORDER ON REPORT AND RECOMMENDATIONS Action on motion: ; adopting #33 Report and Recommendations.; granting #29 Motion to Dismiss with prejudice copy to Mr. Carlsen 6/19/12.(Flaherty, Elaine)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

CIVIL ACTION NO. 12-10599-RGS
JEFFREY PAUL CARLSEN,
Petitioner
v.
JAMES V. DiPAOLA,
Respondent
ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
June 19, 2012
STEARNS, D.J.
As I agree with Magistrate Judge Collings’ June 7, 2012 Report and his
determination that petitioner has failed to exhaust his state remedies (which he
acknowledges), 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

1

Carlsen filed an objection to the Report and Recommendation on June 14, 2012, that cursorily
repeats the substance of his petition.

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