Washburn v. NH State Prison, Warden

Filing 15

/// ORDER approving the 13 Report and Recommendation; granting Respondent's 10 Motion to Dismiss. 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 Phillip Washburn v. Case No. 16-cv-196-LM NH State Prison, Warden 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 January 17, 2017 (document no. 13), for the reasons set forth therein. Respondent’s Motion to Dismiss (document no. 10) is granted. The Clerk of Court shall enter judgment in accordance with this order and close the case. 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: February 9, 2017 cc: Phillip Washburn, pro se Elizabeth C.Woodcock, Esq.

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