USA v. BELANGER, et al

1:15-cr-00072MedMay 19, 2020

Full text

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ROGER BELANGER, 	)
)
Petitioner, 	)
)
v. 	) 1:15-cr-00072-JDL-1
)
UNITED STATES OF AMERICA, 	)
)
Respondent. 	)
ORDER ACCEPTING THE RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
Roger Belanger moves under 28 U.S.C.A. § 2255 (West 2020) to vacate, set
aside, or correct his sentence (ECF No. 626). 	United States Magistrate Judge John
C. Nivison filed his Recommended Decision on Belanger’s motion on April 17, 2020
(ECF No. 641), pursuant to 28 U.S.C.A. § 636(b)(1)(B) and Rule 8(b) of the Rules
Governing Section 2255 Proceedings. 	Neither party filed an objection to the
Recommended Decision. The Magistrate Judge provided notice that a party’s failure
to object would waive the right to de novo review and appeal.
I 	have 	reviewed 	and 	considered 	the 	Magistrate 	Judge’s 	Recommended
Decision, together with the entire record, and I have made a de novo determination
of all matters adjudicated by the Magistrate Judge’s Recommended Decision. 	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 (ECF No. 641) is hereby ACCEPTED, and the Petitioner’s 28 U.S.C.A. § 2255
Case 1:15-cr-00072-SDN Document 642 Filed 05/19/20 Page 1 of 2 PageID #:
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motion (ECF No. 626) is DISMISSED. 	It is further ORDERED that no certificate
of appealability should issue in the event the Petitioner files a notice of appeal
because there is no substantial showing of the denial of a constitutional right within
the meaning of 28 U.S.C.A. § 2253(c)(2).
SO ORDERED.
Dated this 19th day of May, 2020.
/s/ JON D. LEVY
CHIEF U.S. DISTRICT JUDGE
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