Butler v. O'Brien

Filing 22

Judge Richard G. Stearns: ORDER entered granting 15 Motion to Dismiss; adopting Report and Recommendations re 17 Report and Recommendations. (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-10457-RGS
REGINALD BUTLER,
Petitioner
v.
STEVEN O’BRIEN,
Respondent
ORDER ON REPORT AND RECOMMENDATION
OF THE MAGISTRATE JUDGE
August 8, 2017
STEARNS, D.J.
I agree with Magistrate Judge Kelley’s determination that petitioner
has filed an unauthorized “second and successive” petition 1 over which this
court has no jurisdiction.

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 an
appeal. The Clerk is instructed to close the case.
The Magistrate Judge persuasively identifies Burton v. Stewart, 549
U.S. 147 (2007), among other sources, as a controlling precedent.
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2

Petitioner has not filed an Objection to the Report.

SO ORDERED.
/s/ Richard G. Stearns
__________________________
UNITED STATES DISTRICT JUDGE

2