Kerner v. NH Department of Corrections, Commissioner

Filing 47

/// ORDER approving 43 Report and Recommendation; granting 29 Motion to Dismiss; denying 3 PETITION for Writ of Habeas Corpus, and denying as moot 44 Motion for to Request that "Motion for Continuances" and "Affidavits" be Admitted, and to Expand the Record to Include Them. The court declines to issue a certificate of appealability. The Clerk shall enter judgment and close the case. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Mark Kerner,
Petitioner
v.

Case No. 13-cv-132-SM

Warden, Northern N.H.
Correctional Facility,
Respondent
O R D E R
After due consideration of petitioner’s objection, I
herewith approve the Report and Recommendation of Magistrate
Judge Andrea K. Johnstone dated February 24, 2015, for the
reasons set forth therein.

Respondent’s Motion to Dismiss (document no. 29) is granted,
and the Petition for Writ of Habeas Corpus (document no. 3) is
dismissed.

Petitioner’s “Motion to Request that ‘Motion for

Continuances’ and ‘Affidavits’ Be Admitted and to Expand the
Record to Include Them” (document no. 44) is denied as moot.

Additionally, because petitioner has failed to make a
substantial showing of the denial of a constitutional right, the
court declines to issue a certificate of appealability.
U.S.C. § 2253(c)(2).

See 28

Petitioner may, however, seek such a

certificate from the court of appeals.

See Rule 11(a), Federal

Rules Governing Section 2254 Cases.

The Clerk of Court shall close the case.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
March 27, 2015
cc:

Mark Kerner, pro se
Elizabeth C. Woodcock, Esq.

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