FENANDEZ v. RYAN, 15-11116-RGS. (2016)
Court: District Court, D. Massachusetts
Number: infdco20160115t21
Visitors: 14
Filed: Jan. 14, 2016
Latest Update: Jan. 14, 2016
Summary: ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RICHARD G. STEARNS , District Judge . I agree with Magistrate Judge Kelley's Report, specifically: (1) that Ground One of the petition is barred on independent state court grounds; and (2) that Ground Two raises alleged errors of state law that this court has no jurisdiction to correct. In other words, petitioner has failed to identify any state court determination that was contrary to or an unreasonable application of federal law c
Summary: ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RICHARD G. STEARNS , District Judge . I agree with Magistrate Judge Kelley's Report, specifically: (1) that Ground One of the petition is barred on independent state court grounds; and (2) that Ground Two raises alleged errors of state law that this court has no jurisdiction to correct. In other words, petitioner has failed to identify any state court determination that was contrary to or an unreasonable application of federal law cl..
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ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
RICHARD G. STEARNS, District Judge.
I agree with Magistrate Judge Kelley's Report, specifically: (1) that Ground One of the petition is barred on independent state court grounds; and (2) that Ground Two raises alleged errors of state law that this court has no jurisdiction to correct. In other words, petitioner has failed to identify any state court determination that was contrary to or an unreasonable application of federal law clearly established by the United States Supreme Court. Consequently, the Recommendation is ADOPTED and the petition is DISMISSED with prejudice.1 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 supporting an appeal. The Clerk is instructed to close the case.
SO ORDERED.
FootNotes
1. Petitioner has filed an Objection that simply repeats the substance of the arguments made in his Petition without identifying any flaws in the reasoning of the Magistrate Judge's Report or in her conclusions.
Source: Leagle
