Blackstock v. NH State Prison, Warden
Filing
21
/// ORDER approving 20 Report and Recommendations. So Ordered by Chief Judge Steven J. McAuliffe. (jab)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Gregg Blackstock v. New Hampshire State Prison, Warden ORDER I herewith approve the Report and Recommendation of Magistrate Judge Muirhead dated December 2, 2009, no objection having been filed, for the reasons set forth therein. Petitioner' s petition for writ of habeas corpus is hereby dismissed for inclusion of unexhausted claims. Additionally, finding that the petitioner has failed to make a substantial showing of the denial of a constitutional right, the court declines to issue a certificate of appealability. See 28 U.S.C.§ 2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254; First Cir. LR 22.0. SO ORDERED. Case No. 04-cv-305-SM
December 23, 2009
_________________________________ Steven J. McAuliffe Chief Judge
cc:
Michael J. Sheehan, Esq. Laura E.B. Lombardi, Esq.
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