Riley v. USA

Filing 40

ORDER AFFIRMING 37 Report and Recommendation: Recommended Decision of Magistrate Judge is hereby AFFIRMED. Petitioner's 28 U.S.C. § 2255 Motion (ECF No. 1) is DENIED WITH PREJUDICE, and his Petition is DISMISSED. So Ordered by Judge George Z. Singal.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

DANIEL RILEY,
Petitioner
1:12-CV-00047-GZS
1:07-CR-00189-GZS

v.
UNITED STATES OF AMERICA,
Respondent.

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on January 28, 2013, her
Recommended Decision (ECF No. 37). Petitioner filed his Objection to the Recommended Decision
(ECF No. 39) on February 14, 2013.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together
with the entire record; I have made a de novo determination of all matters adjudicated by the
Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United
States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that
no further proceeding is necessary.
1.

It is therefore ORDERED that the Recommended Decision of the Magistrate Judge
is hereby AFFIRMED.

2.

It is hereby ORDERED that Petitioner’s 28 U.S.C. § 2255 Motion (ECF No. 1) is
DENIED WITH PREJUDICE, and his Petition is DISMISSED.

3.

It is hereby ORDERED that no certificate of appealability shall issue in the event
Petitioner files a notice of appeal because there is no substantial showing of the
denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c).

/s/George Z. Singal
U.S. District Judge
Dated this 25th day of February, 2013.