Blackstock v. New Hampshire State Prison

Full title: Gregg Blackstock v. New Hampshire State Prison, Warden

Court: United States District Court, D. New Hampshire

Date published: Dec 23, 2009

Case No. 04-cv-305-SM (D.N.H. Dec. 23, 2009)

Opinion

Case No. 04-cv-305-SM.

December 23, 2009

ORDER

STEVEN McAULIFFE, District Judge

I herewith approve the Report and Recommendation of Magistrate Judge Muirhead dated December 2, 2009, no objection having been filed, for the reasons set forth therein. Petitioner's petition for writ of habeas corpus is hereby dismissed for inclusion of unexhausted claims.

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.