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)

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.
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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

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