Beers v. State of New Hampshire

Filing 46

///ORDER approving 43 Report and Recommendation; granting 32 Motion for Summary Judgment; denying 40 Motion for Summary Judgment; denying 41 Motion for Summary Judgment. So Ordered by Judge Paul J. Barbadoro.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Timothy Beers
Case No. 15-cv-517-PB

v.
State of New Hampshire

ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated December 5, 2019, grant the respondent’s
motion for summary judgment (document no. 32), and deny the
petitioner’s motions for summary judgment (document nos. 40 &
41).

Additionally, finding that the petitioner has failed to

make 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.
/s/Paul Barbadoro
____________________________
Paul Barbadoro
United States District Judge
Date: February 27, 2020

cc: Timothy Beers, pro se
Elizabeth Woodcock, Esq.