CAMPBELL v. DEMOURA, 16-11166-RGS. (2017)
Court: District Court, D. Massachusetts
Number: infdco20170809a47
Visitors: 20
Filed: Aug. 08, 2017
Latest Update: Aug. 08, 2017
Summary: ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RICHARD G. STEARNS , District Judge . I agree with Magistrate Judge Boal's determination that the state court decisions at issue rest on an "independent and adequate" state ground (namely, the petitioner's failure to object at trial) and that the petition is therefore unreviewable by this court. 1 Consequently, her Recommendation is ADOPTED and the petition is DISMISSED with prejudice. 2 Any request for the issuance of a Certi
Summary: ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE RICHARD G. STEARNS , District Judge . I agree with Magistrate Judge Boal's determination that the state court decisions at issue rest on an "independent and adequate" state ground (namely, the petitioner's failure to object at trial) and that the petition is therefore unreviewable by this court. 1 Consequently, her Recommendation is ADOPTED and the petition is DISMISSED with prejudice. 2 Any request for the issuance of a Certif..
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ORDER ON REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE
RICHARD G. STEARNS, District Judge.
I agree with Magistrate Judge Boal's determination that the state court decisions at issue rest on an "independent and adequate" state ground (namely, the petitioner's failure to object at trial) and that the petition is therefore unreviewable by this court.1 Consequently, her Recommendation is ADOPTED and the petition is DISMISSED with prejudice.2 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. The Magistrate Judge persuasively identifies Coleman v. Thompson, 501 U.S. 722 (1991), among other sources, as controlling precedent.
2. Petitioner has not filed an Objection to the Report.
Source: Leagle
