Ortiz v. NH State Prison, Warden

Filing 28

///ORDER approving 26 Report and Recommendation, denying the petition for a writ of habeas corpus (doc. no. 1) and granting 23 Motion for Summary Judgment. The court declines to issue a certificate of appealability. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Hector Ortiz
v.

Civil No. 12-cv-00372-JL

NH State Prison, Warden

O R D E R
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated May 28, 2015.

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.
____________________________
Joseph N. Laplante
Chief Judge
Date: September 2, 2015
cc:

Elizabeth C. Woodcock, Esq.
Hector Ortiz, pro se