Fernandez v. Ryan

Filing 27

Judge Richard G. Stearns: ORDER entered adopting Report and Recommendations re 23 and DISMISSING petition with prejudice. (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 15-11116-RGS
LAZARO FENANDEZ,
Petitioner
v.
KELLY RYAN,
Respondent
ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
January 14, 2016
STEARNS, D.J.
I agree with Magistrate Judge Kelley=s Report, specifically: (1) that
Ground One of the petition is barred on independent state court grounds;
and (2) that Ground Two raises alleged errors of state law that this court has
no jurisdiction to correct. In other words, petitioner has failed to identify
any state court determination that was contrary to or an unreasonable
application of federal law clearly established by the United States Supreme
Court. Consequently, the Recommendation is ADOPTED and the petition
is DISMISSED with prejudice.1 Any request for the issuance of a Certificate

Petitioner has filed an Objection that simply repeats the substance of
the arguments made in his Petition without identifying any flaws in the
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of Appealability pursuant to 28 U.S.C. ' 2253 is DENIED, the court seeing
no meritorious or substantial basis supporting an appeal.

The Clerk is

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

reasoning of the Magistrate Judge=s Report or in her conclusions.
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