Opinion
CIVIL NO. 2:18-CV-187-DBH
06-25-2018
JAFFAR DOWNIE, PETITIONER v. STATE OF MAINE, RESPONDENT
ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
On May 14, 2018, the United States Magistrate Judge filed with the court, with a copy to the petitioner, his Recommended Decision on Habeas Petition. The petitioner filed an objection to the Recommended Decision on June 7, 2018. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. An evidentiary hearing is not warranted under Rule 8 of the Rules Governing Section 2254 Cases. The petitioner's motion for habeas relief under 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE. No certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2254 Cases shall issue because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2). The petitioner must pursue his remedies in state court.
SO ORDERED.
DATED THIS 25TH DAY OF JUNE, 2018
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE