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)

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.