O'Leary v. NH State Prison, Warden

Filing 11

///ORDER approving 10 Report and Recommendations. So Ordered by Chief Judge Steven J. McAuliffe. (amm)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Anthony O'Leary v. Warden, NH State Prison 0 7 -c v -2 6 9 -J M ORDER I herewith approve the Report and Recommendation of Magistrate Judge Muirhead dated December 2, 2009, no objection having been filed. The petition is dismissed as it includes unexhausted claims and petitioner has failed to file status reports as directed for nearly two years. 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. December 22, 2009 /s/Steven J. McAuliffe Steven J. McAuliffe United States Chief Judge cc: Anthony O'Leary, pro se

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