Campbell v. Demoura

Filing 37

Judge Richard G. Stearns: ORDER entered adopting Report and Recommendations re 36 Report and Recommendations.; granting 16 Motion to Dismiss (Zierk, Marsha)

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CIVIL ACTION NO. 16-11166-RGS DOMINIC CAMPBELL, Petitioner v. DOUGLAS DEMOURA, Respondent ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE August 8, 2017 STEARNS, D.J. I agree with Magistrate Judge Boal’s determination that the state court decisions at issue rest on an “independent and adequate” state ground (namely, the petitioner’s failure to object at trial) and that the petition is therefore unreviewable by this court. 1 Consequently, her Recommendation is ADOPTED and the petition is DISMISSED with prejudice.2 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 supporting The Magistrate Judge persuasively identifies Coleman v. Thompson, 501 U.S. 722 (1991), among other sources, as controlling precedent. 1 2 Petitioner has not filed an Objection to the Report. an appeal. The Clerk is instructed to close the case. SO ORDERED. /s/ Richard G. Stearns __________________________ UNITED STATES DISTRICT JUDGE 2

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