Opinion
1:22-cv-298-JDL
11-10-2022
ROLAND PELLETIER, Petitioner, v. STATE OF FLORIDA, Respondent.
ORDER ACCEPTING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
JON D. LEVY CHIEF U.S. DISTRICT JUDGE
Roland Pelletier filed a petition (ECF No. 1) for a Writ of Habeas Corpus under 28 U.S.C.A. § 2241 (West 2022). United States Magistrate Judge John C. Nivison filed his Recommended Decision on Pelletier's petition on September 29, 2022 (ECF No. 2), pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2022) and Rule 8(b) of the Rules Governing Section 2254 Cases. Neither party filed an objection to the Recommended Decision. The Magistrate Judge provided notice that a party's failure to object would waive the right to de novo review and appeal.
Although Pelletier's petition was brought under 28 U.S.C.A. § 2241, the Rules Governing Section 2254 cases apply to his petition. See Rule 1(b); Bramson v. Winn, 136 Fed.Appx. 380, 382 (1st Cir. 2005).
I have reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record and have made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision. I concur with the recommendations of the Magistrate Judge for the reasons set forth in his Recommended Decision, and I determine that no further proceeding is necessary.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge (ECF No. 2) is hereby ACCEPTED, and the Petitioner's 28 U.S.C.A. § 2241 petition (ECF No. 1) is DISMISSED. It is further ORDERED that no certificate of appealability should issue in the event the Petitioner files a notice of appeal because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C.A. § 2253(c)(2) (West 2022).
SO ORDERED.