Simmons v. Grondolsky

Full title: ANTONIO T. SIMMONS, Petitioner v. J. GRONDOLSKY, Respondent

Court: UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Date published: Nov 5, 2012

CIVIL ACTION NO. 12-10515-RGS (D. Mass. Nov. 5, 2012)

Opinion

CIVIL ACTION NO. 12-10515-RGS

11-05-2012

ANTONIO T. SIMMONS, Petitioner v. J. GRONDOLSKY, Respondent

Richard G. Stearns

ORDER ON REPORT AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

STEARNS, D.J.

As I agree with Magistrate Judge Bowler's Report and her determination that the respondent Warden of FMC has correctly concluded that petitioner Simmons is ineligible for early release under Bureau of Prisons regulations because of his prior state conviction for aggravated assault, the Recommendation is ADOPTED and the petition is DISMISSED with prejudice.¹ Cf. Lopez v. Davis, 531 U.S. 230, 244 (2001). Any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 is DENIED, the court seeing no meritorious or substantial basis for an appeal. The Clerk is instructed to close the case.

1 I note that petitioner had lodged no objections to the Report by the date when such were due.

SO ORDERED.

Richard G. Stearns

UNITED STATES DISTRICT JUDGE