Carvell v. Northern NH Correctional Facility, Warden

Filing 18

///ORDER approving 16 Report and Recommendation; granting 10 Motion to Dismiss. So Ordered by Judge Paul J. Barbadoro.(js) Modified on 2/13/2015 to add: /// (js).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jason Carvell
v.

Civil No. 14-cv-5-PB

Edward Reilly, Warden, Northern New
Hampshire Correctional Facility

ORDER
On January 28, 2015, the United States Magistrate Judge
Andrea K. Johnstone, filed with the court, with a copy to the
plaintiff, her Report and Recommendation for dismissal of the
petitioner’s petition for writ of habeas corpus.

The petitioner

filed an objection to the Report and Recommendation on February
11, 2015.

Having reviewed and considered the Report and

Recommendation, together with the entire record, I concur with
the recommendations of the United States Magistrate Judge for
reasons set forth in her report, and determine that no further
proceeding is necessary.
It is therefore ordered that the Report and Recommendation
of the Magistrate Judge Andrea K. Johnstone is hereby adopted.
The respondent’s motion to dismiss (doc. no. 10) is granted. The
petitioner’s petition for writ of habeas corpus (doc. no. 1) as
amended (doc. no 7) is dismissed.

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.
/s/ Paul Barbadoro_____
Paul Barbadoro
United States District Judge
Date: February 13, 2015
cc:

Jason Carvell, pro se
Elizabeth Woodcock, Esq.