Jones v. Pallito

Filing 18

ORDER ADOPTING 16 REPORT AND RECOMMENDATION granting 9 Motion to Dismiss and denying 5 Petition for Writ of Habeas Corpus (2254). Pursuant to Fed. R. App. P. 22(b), a certificate of appealability is DENIED. Furthermore, it is certified that any appeal of this matter would not be taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3). Signed by Judge William K. Sessions III on 5/2/2012. (law)

UNITED STATES DISTRICT COURT
FOR THE
DISTRICT OF VERMONT
Stewart Jones,
Petitioner,

:
:
:
v.
: Civil Action 2:11 CV 209
:
Andrew Pallito, Commissioner,
:
Vermont Department of Corrections, :
Respondent.
:
ORDER
The

Report

and

Recommendation

of

the

Magistrate Judge was filed April 10, 2012.

United

States

After careful

review of the file and the Magistrate Judge's Report and
Recommendation, no objections having been filed by any party,
this Court ADOPTS the Magistrate Judge's recommendations in full
for the reasons stated in the Report.
The respondent’s motion to dismiss petition for writ of
habeas corpus (Doc. 9) is GRANTED, and petitioner’s petition for
a writ of habeas corpus (Doc. 5) is DENIED.
Pursuant to Fed. R. App. P. 22(b), a certificate of
appealability is DENIED because the petitioner has failed to
make a substantial showing of denial of a federal right.
Furthermore, the petitioner’s grounds for relief do not present
issues which are debatable among jurists of reasons, which could
have

been

resolved

proceedings.

differently,

or

which

deserve

further

See e.g., Flieger v. Delo, 16 F.3rd 878, 882-83

1

(8th Cir.) cert. denied, 513 U.S. 946 (1994); Sawyer v. Collins,
986 F.2d 1493, 1497 (5th cir.), cert. denied, 508 U.S. 933
(1993).
Furthermore, it is certified that any appeal of this matter
would not be taken in good faith, pursuant to

28 U.S.C. §

1915(a)(3).
THIS CASE IS CLOSED.
Dated at Burlington, in the District of Vermont, this 2nd
day of May, 2012.

/s/ William K. Sessions III
William K. Sessions III
Judge, U. S. District Court

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