Lewis Simmons v. State of Maine

2012 | Cited 0 times | D. Maine | August 21, 2012

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on June 8, 2012 her Report and Recommended Decision (Docket No. 13). The Petitioner filed his Objection to the Report and Recommended Decision (Docket No. 16) on July 18, 2012.

I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and determine that no further proceeding is necessary.

1. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.

2. It is further ORDERED that the Petitioner is denied relief under 28 U.S.C. § 2254, with prejudice, and his petition is DISMISSED.

3. It is further ORDERED that in the event the Petitioner files a notice of appeal, no certificate of appealability will issue.

SO ORDERED.

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