October 8, 2014
PAUL DAVID TRACY, Petitioner,
THE HON. MICHAELA MURPHY, et al., Respondents
Plaintiff PAUL DAVID TRACY represented by PAUL DAVID TRACY C/O GAYLE FARRIS, P.O.A. PRO SE
Respondent MICHAELA MURPHY Honorable, NORMAN CROTEAU Prosecutor, ANDREW ROBINSON Asst. Prosecutor
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
NANCY TORRESEN UNITED STATES DISTRICT JUDGE
On September 19, 2014, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Decision (ECF No. 4). The time within which to file objections has expired, and no objections have been filed. The Magistrate Judge notified the parties that failure to object would waive their right to de novo review and appeal.
It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
It is further ORDERED that:
1. The petition for habeas relief under 28 U.S.C. section 2254 be DISMISSED;
2. A certificate of appealability pursuant to Rule 11 of the Rules Governing Section 2254 Cases be DENIED because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2); and
3. The Petitioner’s motion for instant hearing (ECF No. 2) be DENIED.