Mabe v. Vermont Department of Corrections, Commissioner of the et al

Filing 12

ORDER ADOPTING 11 REPORT AND RECOMMENDATION, dismissing 4 Motion for Writ of Habeas Corpus. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. See 28 U.S.C. 1915(a)(3). Signed by District Judge J. Garvan Murtha on 10/31/2014. (esb)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF VERMONT
MATTHEW J. MABE,
Petitioner,
v.
COMMISSIONER OF THE VERMONT
DEPARTMENT OF CORRECTIONS and
STATE OF VERMONT,
Respondents.

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File No. 1:14-cv-12-jgm

ORDER
The Magistrate Judge's Report and Recommendation was filed October 1, 2014.
(Doc. 11.) After de novo review and absent objection, the Report and
Recommendation is AFFIRMED, APPROVED and ADOPTED. See 28 U.S.C. §
636(b)(1).
The Petitioner has not responded to the Magistrate Judge’s Order to show cause
why the Court should not vacate the stay imposed on May 22, 2014 and dismiss the
petition. Accordingly, the stay is VACATED, and Mabe’s petition seeking a writ of
habeas corpus under 28 U.S.C. § 2254 is DISMISSED.
It is further certified that any appeal taken in forma pauperis from this Order
would not be taken in good faith because such an appeal would be frivolous. See 28
U.S.C. § 1915(a)(3).
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 31st day of October, 2014.
/s/ J. Garvan Murtha
Honorable J. Garvan Murtha
United States District Judge