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United States v. Bartelho

United States District Court, D. Maine

July 13, 2015

UNITED STATES OF AMERICA,
v.
THOMAS J. BARTELHO, Defendant/Petitioner

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

D. BROCK HORNBY UNITED STATES DISTRICT JUDGE.

On April 16, 2015, the United States Magistrate Judge filed with the court, with copies to the parties, his Recommended Decision on the petitioner’s motion to alter or amend the court’s February 5, 2015, section 2255 judgment and the underlying criminal judgment against him. The petitioner filed his objection to the Recommended Decision on June 8, 2015. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary.

It is therefore Ordered that the Recommended Decision of the Magistrate Judge is hereby Adopted. In accordance with the gatekeeping provisions of 28 U.S.C. §§ 2244, 2255(h), the petitioner’s motion is Dismissed.

I find that no certificate of appealability, pursuant to Rule 11 of the Rules Governing Section 2255 Cases, shall issue because there is no substantial showing of the denial of a constitutional right within the meaning of 28 U.S.C. § 2253(c)(2).

In light of my affirmance of the Magistrate Judge’s Recommended Decision ruling that I have no jurisdiction, no action is necessary or appropriate on the petitioner’s motion to take judicial notice.

So Ordered.


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