Bourdon v. Northern NH Correctional Facility, Warden

Filing 47

/// ORDER approving 45 Report and Recommendation for the reasons set forth therein; denying as moot 25 Motion for Summary Judgment; denying as moot 31 Motion for Summary Judgment. Mr. Bourdon's § 2254 Petition is dismissed without prejudice. 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 Ronald Bourdon v. Case No. 15-cv-138-LM Michelle Goings, Warden, Northern New Hampshire Correctional Facility 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 July 18, 2017, for the reasons set forth therein. Petitioner Bourdon’s § 2254 petition is hereby dismissed without prejudice. It is further ordered that the cross motions for summary judgment are hereby denied as moot (doc. nos. 25, 31). 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. The Clerk of Court is directed to entered judgment in accordance with the order and close the case. SO ORDERED. ____________________________ Landya B. McCafferty United States District Judge Date: August 16, 2017 cc: Ronald Bourdon, pro se Elizabeth C. Woodcock, Esq.

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