BERRY v. STATE OF MAINE

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

TIMOTHY A. BERRY, ) ) Petitioner, ) ) v. ) Docket No. 2:21-cv-00308-NT ) STATE OF MAINE, ) ) Respondent. )

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

On December 14, 2021, the United States Magistrate Judge filed with the Court, with a copy to the Petitioner, his decision recommending dismissal of the Petitioner’s habeas petition (ECF No. 6). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge notified the Petitioner that failure to object would waive his right to de novo review and appeal. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The Petitioner’s 28 U.S.C. § 2254 petition (ECF No. 1) is hereby DISMISSED with prejudice. It is further ORDERED that no certificate of appealability should issue in the event the Petitioner files a notice of appeal because no jurist of reason would find the correctness of this ruling to be debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).

SO ORDERED. /s/ Nancy Torresen United States District Judge Dated this 10th day of January, 2022.