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)

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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. 1 2 Petitioner has not filed an Objection to the Report. SO ORDERED. /s/ Richard G. Stearns __________________________ UNITED STATES DISTRICT JUDGE 2

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