Tingley v. Liberty, 1:18-cv-00513-NT. (2019)
Court: District Court, D. Maine
Number: infdco20191017a85
Visitors: 6
Filed: Oct. 16, 2019
Latest Update: Oct. 16, 2019
Summary: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE NANCY TORRESEN , District Judge . Petitioner Keith Tingley seeks relief pursuant to 28 U.S.C. 2254 (ECF No. 1). The State contends the petition was not timely filed in accordance with 28 U.S.C. 2244(d) and asks the Court to dismiss the petition (ECF No. 5). The United States Magistrate Judge filed with the Court on September 26, 2019, his Recommended Decision on Petitioner's request for relief pursuant to 28 U.S.C. 2254
Summary: ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE NANCY TORRESEN , District Judge . Petitioner Keith Tingley seeks relief pursuant to 28 U.S.C. 2254 (ECF No. 1). The State contends the petition was not timely filed in accordance with 28 U.S.C. 2244(d) and asks the Court to dismiss the petition (ECF No. 5). The United States Magistrate Judge filed with the Court on September 26, 2019, his Recommended Decision on Petitioner's request for relief pursuant to 28 U.S.C. 2254 (..
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ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
NANCY TORRESEN, District Judge.
Petitioner Keith Tingley seeks relief pursuant to 28 U.S.C. § 2254 (ECF No. 1). The State contends the petition was not timely filed in accordance with 28 U.S.C. § 2244(d) and asks the Court to dismiss the petition (ECF No. 5). The United States Magistrate Judge filed with the Court on September 26, 2019, his Recommended Decision on Petitioner's request for relief pursuant to 28 U.S.C. § 2254 (ECF No. 17). The Petitioner filed an objection to the Recommended Decision on October 10, 2019 (ECF No. 18).
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 his Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED and the State's Motion to Dismiss is GRANTED. 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. § 2253(c)(2).
SO ORDERED.
Source: Leagle
