Robinson v. FCI Berlin, Warden

Filing 19

/// ORDER approving 16 Report and Recommendation, dismissing the 1 Petition for Writ of Habeas Corpus for lack of subject matter jurisdiction; denying 12 Motion to Expedite proceeding; denying 13 Motion to Appoint Counsel; denying 14 Motion to show cause for an evidentiary Hearing ; and denying 15 Motion/petition for standard of review. The Court declines to issue a certificate of appealability. So Ordered by Judge Landya B. McCafferty.(jbw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Steven T. Robinson a/k/a Michael Moore v. Case No. 14-cv-550-LM Esker L. Tatum, Warden, Federal Correctional Institution, Berlin, New Hampshire 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 February 10, 2016, for the reasons set forth therein. Mr. Robinson’s § 2254 petition is hereby dismissed for lack of subject matter jurisdiction. are also hereby denied: The following motions motion to expedite proceeding (doc. no. 12), the motion to appoint counsel (doc. no. 13), motion to show cause for an evidentiary hearing (doc. no. 14), and the motion/petition for standard of review (doc. no. 15). 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. ____________________________ Landya B. McCafferty United States District Judge Date: April 7, 2016 cc: Steven T. Robinson, pro se

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