Gagnon v. USA

Filing 9

ORDER denying 3 Motion for to expand the record; denying 4 Motion for Hearing, decline to issue a certificate of appealability. So Ordered by Judge Paul J. Barbadoro.(mxm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Joshua Gagnon
v.

Civil No. 13-cv-124-PB

United States of America

O R D E R

I agree that the petition is time barred for the reasons
stated in the government's response (Doc. No. 8) to the motion
to vacate (Doc. No. 1).

Neither an evidentiary hearing nor

expansion of the record could lead to evidence that could affect
my analysis of the issue.

All pending motions are denied.

Because I determine that plaintiff has failed to make a
substantial showing of the denial of a constitutional right, I
decline 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.
/s/Paul Barbadoro
Paul Barbadoro
United States District Judge

May 2, 2013
cc:

Joshua Gagnon, pro se
Seth Aframe, AUSA