ORMSBY v. STATE OF MAINE

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

THAYNE ORMSBY, ) ) Petitioner, ) ) v. ) Docket No. 2:20-cv-00319-NT ) ) STATE OF MAINE, ) ) Respondent. )

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE The United States Magistrate Judge filed with the Court on January 28, 2021, his Recommended Decision granting the Respondent’s motion to dismiss and dismissing the Petitioner’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 8). The Petitioner filed an objection to the Recommended Decision on February 11, 2021 (ECF No. 9). 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 Petitioner’s 28 U.S.C. § 2254 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 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 15th day of March, 2021.